Water Resources Department Chief Engineer Executive Engineer Ahmednagar

(For Official Use only)

ºÉiªÉ¨Éä´É VÉªÉiÉä WATER RESOURCES DEPARTMENT

CHIEF ENGINEER NORTH MAHARASHTRA REGION ,NASHIK MAHARASHTRA

SUPERINTENDING ENGINEER COMMAND AREA DEVELOPMENT AUTHORITY ,NASHIK CIRCLE NASHIK

EXECUTIVE ENGINEER AHMEDNAGAR IRRIGATION DIVISIONN AHMEDNAGAR

TENDER DOCUMENT FOR

Name of Work Special Repair to Bhandardara dam by way of drilling & grouting from top ( Ch.No. 0 to 76.20 ) Dist:- Ahmednagar.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 2

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 3

Name of Work: Special Repair to Bhandardara dam by way of drilling & grouting from top ( Ch.No. 0 to 76.20 )

Issued to : ......

Registration : ......

On : ......

Divisional Accounts officer grade -1 Ahmednagar Irrigation Division. Ahmednagar

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 4

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 5

SCRUTINY CERTIFICATE

Certified that the Draft Tender Document of Special repairs to Bhandardara dam scrutinized and have been prepared after following concerned Government Rules / Circulars / Resolutions. Estimated Cost put to Tender Rs. 34.76 Lakhs is found correct.

The Draft Tender Document is recommended for approval.

DIVISIONAL ACCOUNTS OFFICER GRADE I EXECUTIVE ENGINEER Ahmednagar Irrigation DIVISION Ahmednagar Irrigation Division AHMEDNAGAR AHMEDNAGAR

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 6

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 7

INDEX

NAME OF WORK :- Special Repair to Bhandardara dam by way of drilling & grouting from top ( Ch.No. 0 to 76.20 ) Dist:- Ahmednagar.

Sr.No. Contents Page Number From To 1 Invitation of Tender a) Press Notice 09 28 b) Detailed Tender Notice , c) Corrigendum 2 Certificate A 29 30

3 Annex A 31 34

4 Form B 1 35 42

5 Schedule A & B 43 48

6 APPENDICES 49 68

7 Conditions of contract 69 96

8 Special Conditions of Contract 97 131

9 Indicative list of Specification 132 136

10 General Specification 137 162

11 Drawings 163 166

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 8

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 9

ºÉÆÊIÉ{iÉ VÉÉ½Òþ®ú ÊxÉÊ´ÉnùÉ ºÉÖSÉxÉÉ <Ç ÊxÉÊ´ÉnùÉ ºÉÖSÉxÉÉ ¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ

जलसंपदा वभाग <Ç-ÊxÉÊ´ÉnùÉ ºÉÖSÉxÉÉ Gò¨ÉÉÆEò. 1 ºÉxÉ. 2013-14

अहमदनगर पाटबंधारे वभाग, अहमदनगर ¨É½É®úÉ¹]õ ¶ÉÉºÉxÉ ªÉÉÆSÉäEòb÷Ò±É ´ÉMÉÇ- 5 + ´É iªÉÉ´ÉÊ®ú±É xÉÉånùhÉÒGòiÉ ªÉÉäMªÉ iªÉÉ ´ÉMÉÉÇiÉÒ±É EÆòjÉÉ]õnùÉ®úÉEòbÚ÷xÉSÉ JÉÉ±ÉÒ±É EòÉ¨ÉÉºÉÉ`öÒ ¤É-1 +ÉìxÉ ±ÉÉ<ÇxÉ / <Ç-ÊxÉÊ´ÉnùÉ |ÉhÉÉ±ÉÒxÉä näùEòÉ®ú ¨ÉÉMÉÊ´ÉhªÉÉiÉ ªÉäiÉ +É½äþ. ºÉnù®ú ÊxÉÊ´ÉnäùSÉÒ ºÉÊ´ÉºiÉ®ú ¨ÉÉÊ½þiÉÒ Main Portal : http://maharashtra.etenders.in Portal: http://wrd.maharashtra.etenders.in

ªÉÉ ´Éä¤ÉºÉÉ<Ç]õ´É®ú ={É±É¤vÉ +É½äþ. ={É®úÉäCiÉ ´Éä¤ÉºÉÉ<Ç]õ´É®ú Ênù. 01/11/2013 {ÉÉºÉÚxÉ EòÉä®äú ÊxÉÊ´ÉnùÉ ºÉÆSÉ Ê´ÉGòÒºÉÉ`öÒ ={É±É¤vÉ +É½äþiÉ. +. EòÉ¨ÉÉSÉä xÉÉÆ´É +ÆnùÉÊVÉiÉ ËEò¨ÉiÉ Gò ¯û. ±ÉIÉ 1 भंडारदरा धरणाचे भंतीचे मायावन लंग व ाऊटंग . 34.76/- करणे

EòÉªÉÇEòÉ®úÒ +Ê¦ÉªÉÆiÉÉ अहमदनगर पाटबंधारे वभाग +½þ¨ÉnùxÉMÉ®ú

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 10

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 11

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ

जलसंपदा वभाग <Ç-ÊxÉÊ´ÉnùÉ ºÉÖSÉxÉÉ Gò¨ÉÉÆEò. 1 ºÉxÉ. 2013-14

अहमदनगर पाटबंधारे वभाग, अहमदनगर ¨É½É®úÉ¹]õ ¶ÉÉºÉxÉ ªÉÉÆSÉäEòb÷Ò±É ´ÉMÉÇ-5 + ´É iªÉÉ´ÉÊ®ú±É xÉÉånùhÉÒGòiÉ ªÉÉäMªÉ iªÉÉ ´ÉMÉÉÇiÉÒ±É EÆòjÉÉ]õnùÉ®úÉEòbÚ÷xÉSÉ JÉÉ±ÉÒ±É EòÉ¨ÉÉºÉÉ`öÒ ¤É-1 +ÉìxÉ ±ÉÉ<ÇxÉ / <Ç-ÊxÉÊ´ÉnùÉ |ÉhÉÉ±ÉÒxÉä näùEòÉ®ú ¨ÉÉMÉÊ´ÉhªÉÉiÉ ªÉäiÉ +É½äþ.

+. EòÉ¨ÉÉSÉä xÉÉÆ´É +ÆnùÉÊVÉiÉ EòÉ¨É {ÉÚhÉÇ ÊxÉÊ´ÉnùÉ ËEò¨ÉiÉ Gò ËEò¨ÉiÉ ¯û. ±ÉIÉ Eò®úhªÉÉSÉÉ °ü{ÉªÉä EòÉ±ÉÉ´ÉvÉÒ 1 भंडारदरा धरणाचे भंतीचे मायावन . 12 ¨ÉÊ½þxÉä. ¯û.1000/- (° 34.76/- ({ÉÉ´ÉºÉÉ³ýªÉÉºÉ½þ) üएक ½þVÉÉ®ú ¨ÉÉjÉ) लंग व ाऊटंग करणे

EòÉªÉÇEòÉ®úÒ +Ê¦ÉªÉÆiÉÉ अहमदनगर पाटबंधारे वभाग +½þ¨ÉnùxÉMÉ®ú

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 12

KEY DATES +. iÉ{ÉÊ¶É±É ºÉÚ°ü´ÉÉiÉÒ ºÉÚ°ü´ÉÉiÉÒ ¤ÉÆnùSÉÒ ¤ÉÆnSÉÉ ÊnùùxÉÉÆEò Gò ÊnùxÉÉÆEò ´Éä³ý ´Éä³ý Main1 <Ç ÊxÉÊ´ÉnùÉ |ÉhÉÉ±ÉÒ |É¨ÉÉhÉä ÊxÉÊ´ÉnùÉ ºÉÆSÉ Ê´ÉGòÒ ´É b÷É=xÉ 1/11/2013 10.01 18/11/2013 17.30 EòÉ±ÉÉ´ÉvÉÒ 2 ÊxÉÊ´ÉnùÉEòÉ®úÉÆxÉÒ +ÉìxÉ±ÉÉ<ÇxÉ ÊxÉ´ÉÒnùÉ iÉ{É¶ÉÒ±É (iÉÉÆÊjÉEò ´É 1/11/2013 10.01 22/11/2013 17.30 +ÉÌlÉEò ) Dcryption Re-encryption Eò®úÉ´ÉªÉÉSÉÉ EòÉ±ÉÉ´ÉvÉÒ 3 ÊxÉÊ´ÉnùÉEòÉ®úÉÆxÉÒ +ÉìxÉ±ÉÉ<ÇxÉ ÊxÉ´ÉÒnùÉ iÉªÉÉ®ú 22/11/2013 17.31 25/11/2013 14.00 Eò®úhªÉÉºÉÉ`öÒ ´É ½ìþ¶É (Hash) ºÉÉnù®ú Eò®úhªÉÉSÉÉ (iÉÉÆÊjÉEò ´É +ÉÌlÉEò ÊxÉ´ÉÒnùÉ +ÆÊiÉ¨É ÊnùxÉÉÆEò ´É ´Éä³ý) 4 ÊxÉÊ´ÉnùÉ <ºÉÉ®úÉ +xÉÉ¨ÉiÉ ®úCEò¨É ´É ÊxÉ´ÉÒnùÉ ºÉÆSÉÉSÉä 24/11/2013 15.30 ¶ÉÚ±Eò iÉºÉäSÉ |ÉiÉÒYÉÉ{ÉjÉ

6 +ÉÌlÉEò ÊxÉ´ÉÒnùÉ =PÉb÷hªÉÉSÉä ÊnùxÉÉÆEò ´É ´Éä³ 25/11/2013 14.01 30/11/2013 17.45

Ê]õ{É :- ºÉnù®ú EòÉ¨ÉÉ¤ÉÉ¤ÉiÉ ÊxÉÊ´ÉnùÉ +]õÒ ´É ¶ÉiÉÔ

EòÉªÉÇEòÉ®úÒ +Ê¦ÉªÉÆiÉÉ अहमदनगर पाटबंधारे वभाग +½þ¨ÉnùxÉMÉ®ú

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 13 PRESS NOTICE WATER RESOURCES DEPARTMENT E- TENDER NOTICE NO. 01 OF 2013-14

E-tender / Online tender is invited online from Authorized Contractors Registered with P W D Govt. of Maharashtra in Class- V & Above for the B-1 Tender following work in Ahmednagar District.

Sr. Name of work Estimated Period Main No. Cost Rs. in Tender lakhs Booklet Cost 1 Special Repair to Bhandardara dam by 12 Months. Rs.1000/- way of drilling & grouting from RS. 34.76 (Including (Rs. One top ( Ch.No. 0 to 76.20 ) Manson thousand Season) Only)

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 14

Key Dates Particulars Start Date Start Time Closing Date End Time Seq No 1 Period for 01/11/2013 10.01 18/11/2013 17.30 downloading tender forms 2 Date & Time online 01/11/2013 10.01 22/11/2013 17.30 bid date decryption & re encryption 3 Last date & time for 22/11/2013 17.31 25/11/2013 14.00 online bid preparation & hash submission 4 Date & time for 24/11/2013 15.30 submission of EMD TDR & Tender document for DD & affiant (Original) one day before opening of the bid date & time 5 Date & time of 25/11/2013 14.01 30/11/2013 17.45 opening technical bid 6 Date & time of 25/11/2013 14.01 30/11/2013 17.45 opening commercial bid

Note: - Details of Tender conditions etc are in corporate in the E-Tender and Tender document. Main Tender Document Set is available online on (http://maharashtra.etenders.in) For submission of E- Tender/online tender Bidder has to obtain Digital signature Key from authorized company/agency. Name of authorized company/agency is 1) TCS CA; 2) N Code Solution CA. Detail information regarding this matter can be obtained from e-tender website (http://maharashtra.etenders.in) Detail Tender notice can be obtain from office of the Executive Engineer, Ahmednagar Irrigation Division Ahmednagar.

Executive Engineer, Ahmednagar Irrigation Division Ahmednagar

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 15 TENDER NOTICE WATER RESOURCES DEPARTMENT TENDER NOTICE NO. 01 FOR 2013-14. Sealed Online Tenders ( E–Tender) in B-1 form for the following work are invited by the Executive Engineer, Ahmednagar Irrigation Division (Water Resources Department ) Ahmednagar, Phone No. (0241) 2324018 on Government of Maharashtra Electronic Tender Management System (http://maharashtra.etenders.in) from the contractors enrolled with the with P W D Govt. of Maharashtra in appropriate class. The blank tenders forms shall be available on the Government of Maharashtra website from 1-11-2013 To 18-11-2013 during this period only registered contractors in appropriate class should submit dully filled downloaded tender documents online on web portal as mentioned above on or before dt:- 18-11-2013 up to 17.30 Hrs.& will be opened on 25-11-2013 14.01 Hrs to 30-11-2013 17.45 Hrs. if possible.

S Name of Work Estimated Time Limit for Earnest Cost of Class of r. Cost in completion Money in Blank Registration N (Rs.) (Months) (Rs.) tender o form (Rs.) 1 2 3 4 5 6 7 Special Repairs to Rs.0.356 Lakhs. Rs.1000/- Bhandardara dam by RS. 34.76 12 Months (T.D.R V A Class V & Above Lakhs. (including (Rsone 1 way of drilling & of any (Only Rainy thousand GOVERNMENT OF grouting from top Nationali- season) Only) MAHARASHTR) (Ch. 0 to 76.20M) zed Bank

1. Each tender shall accompanied by scanned copy of the Earnest money deposit in form of a receipt of Treasury challan or term deposit receipt valid for 12 months issued by Nationalized / schedule bank in prescribed form in favour of Executive Engineer, Ahmednagar Irrigation Division (water Resources Department ), Ahmednagar. The contractor who have for the purpose of earning of exemption, deposited the necessary lump sum amount at the time of registration should in closed the scanned copy of original certificate authorizing exemption from payment of the earnest money without which the tender will not be considered. 2. Detailed tender notice can be seen on the notice board in the Office of Executive Engineer Ahmednagar Irrigation Division (water Resources Department ) Division Ahmednagar). Blank tender booklets are available on the Government of Maharashtra website (http://maharashtra.etenders.in) The competent authority reserves all rights of rejecting any or all tenders without assigning any reason.

3. Blank Tender forms can be downloaded by bidders only from the department’s portal http://wrd.maharashtra.etenders.in & payment of Rs. 1,000 /- in form of D D drawn in favour of Executive Engineer, Ahmednagar Irrigation

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 16 Division , Ahmednagar or the contractor should draw Demand draft of the same amount from scheduled / Nationalized bank and submit scanned copy of D D along with the Tender document at the time of online submission of the Tender Document. The original Demand Draft shall be submitted in the office of Executive Engineer, Ahmednagar Irrigation Division, Ahmednagar on or before the last date of online submission of the Tender Document. Failing to which may lead to rejection of tender. The payment by cheque will not be accepted.

4. Each tender shall be accompanied by earnest money in the form of term deposit receipt for the period of one year issued by a Scheduled / Nationalized Bank in the prescribed form drawn in favour of Executive Engineer , , Ahmednagar Irrigation Division Ahmednagar / the valid EMD exemption certificate issued by the Public Works Department, Government of Maharashtra in appropriate Class. The contractor should submit the scanned copy of term deposit receipt along with the Tender document at the time of online submission of the Tender Document. The original term deposit receipt should be submitted in the office of Executive Engineer, , Ahmednagar Irrigation Division, Ahmednagar on or before the last date of online submission of the Tender Document. Failing to which may lead to rejection of tender. Bank guarantee will be accepted towards payment of earnest money.

5 Tenders should be submitted online up to on 25.11.2013 ,14.00 Hrs and will be opened Superintending Engineer and Administrator Command Area Development Authority Nashik., on the day, stipulated in Time schedule. The offer will remain valid for a period of 90 days from the date of opening of the tender and there after until it is withdrawn in writing by the Bidder as per the discretion of competent authority.

5. Right is reserved to reject any item of the tender or a tender or all the tenders without assigning any reason there for decision for acceptance or rejection will rest with the competent authority. 6. the site of work is approachable for inspection 40 km away from Sangamner, dist Ahmednagar. 7. The Bidders are requested to read carefully all the tender instructions and upload requisite papers online as mentioned in tender notice while submitting their tenders online. Non observance of these things may result in rejecting the tender. 8. Key dates and other relevant term and condition are given in details in detailed tender notice up loaded on website.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 17

DETAILED TENDER NOTICE Water Resources Department

1. INVITATION:

1.0 Sealed Percentage rate tenders in B-1 form are invited from the contractors registered with the Public Works Department, Government of Maharashtra in Class V and above Category only in the form of e - Tender for the work of Special Repairs to Bhandardara dam by way of drilling & grouting from top (Ch. 0 to 76.20M) Tal. Akole , District. Ahmednagar.

1. Estimated Cost (Approximately) Rs. 34.76/-- Lakhs

2. Earnest Money Rs. 0.35 /-- Lakhs

3. Security Deposit Rs. 0. 87 /- Lakhs

4. Time Limit 12 Month (Including monsoon)

5. Date of online down loading of 1-11-2013 (10.01hrs)to Blank Tender forms. 18-11-2013 (17.30 hrs)

6. Last date of online receipt of 22-11-2013 ( 17:30 hrs) Tender forms

1.2 Definitions and interpretations: In this tender documents the following terms shall have the meanings hereby assigned to them except where the context otherwise requires. a) The office of the Chief Engineer (WR) Naishk Region Naishik b) “Engineer-in-charge“shall mean the Executive Engineer in charge of the works and shall also include the superior officers of the Engineering Department of Government of Maharashtra, i.e. the Superintending Engineer of respective Circle / Chief Engineer. c) “Engineer‘s representative” shall mean the Sub-Divisional Engineer/Assistant Executive Engineer/ Sub Divisional Officer / Assistant Engineer (Grade I), who is in direct charge of the works and shall include any Civil Engineer of the Government of Maharashtra.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 18 d) “Contractor” shall mean the person, firm or company who enters into contract with the Government of Maharashtra and shall include their executors, administrators, successors and submitted assignees. e) “Contract“ shall mean and include agreement as herein under –

Volume - I E.M.D. stage

Volume - II Commercial Envelope (C-1)

Volume - III Technical Envelope (T-1) f) “Work“ shall mean the work to be executed in accordance with contract. j) “Specifications“ shall mean the specifications for material and works as speci field in the volume - II of the contract. h) “Drawing“ shall mean prints of the maps, drawings, plans of the contract and shall include any modifications “of such drawing and any further drawings as may be issued by the Engineer-in-charge from time to time. i) “Site“ shall mean the land and the other places on, under in or through which the works are carried out and any other lands or places provided by the Corporation. j) “Defect(s) liability period “shall mean period of 18 months from the date of issue of completion certification by the Engineer-in-charge.

Singular and Plural: Works imparting the singular number shall also include the plural and vice versa where the context requires.

Heading and Marginal Headings : The headings and the marginal headings in the contract are solely for the purpose of facilitating reference and shall not be deemed to be part thereof or taken into consideration in the interpretation or construction thereof or of the contract.

(P W D shall mean Public work’s department & W R D Shall mean Water RESOURCES DEPARTMENT. D D mean Demand Draft, T D R mean term deposit receipt)

2. ELIGIBILITY: Blank tender papers will be issued to those contractors who would satisfy the following criteria depending upon the cost of work. i) For works costing Rs. 34.76 Lakhs: Contractors having an appropriate registration with Government of Maharashtra, Public work’s department

ii) Contractor shall have carried out similar type of work.

Method of online applying

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 19

All the tender activities like tender download (tender seal) tender preparation tender submission and opening of tender will be conducted online only as per key dates mentioned in online time schedule. Detailed Tender Notice can be seen on the notice board in the Executive Engineer‘s Office. (Copy can be obtained free of cost from Executive Engineer on request) Blank Tender Booklets are available on the Government of Maharashtra website (http://maharashtra.etenders.in) the competent authority reserves all rights of rejected any or all tenders without assigning any reason.

3) ISSUE OF BLANK TENDER FORMS:

Main Bid / Tender Stage:

3.1 The blank tender forms can be downloaded by the contractor only from the website of Govt. of Maharashtra http://wrd.maharashtra.etenders.in “Tender Purchase”. While submitting the duly filled Tender Documents the Bidder is required to Deposit Tender Fee amount Rs. 1,000/- (Rs. oneThousand only) only by Demand Draft drawn in the name of Executive Engineer Ahmednagar irrigation Division, Ahmednagar. The Scanned copy of Proof of Deposit such amount should be uploaded on website. Failing which, bidder will not be considered for further evaluation. The payment by cheque will not be accepted 3.2 Each tender shall be accompanied by the Earnest money in form of term deposit receipt for the period of one year issued by Nationalized / schedule bank in prescribed form drawn in favour of Executive Engineer, Ahmednagar irrigation Division, Ahmednagar./ valid E M D exemption certificate issued by public works department govt. of Maharashtra in appropriate class. The contractor should submit scanned copy of Term deposit receipt scanned copy of EMD exemption certificate issued by public works department govt of maharastra along with the tender document at the time of online submission of tender document. Original Term deposit receipt Attested EMD exemption certificate issued by public works department, Govt of maharastra should be submitted in the office of Executive Engineer, Ahmednagar irrigation Division, Ahmednagar before the last date of on line submission of the tender document. Neither cheque nor cash nor bank guarantee will be accepted towards payment of the earnest money. 3.3 Tenders should be submitted online as per the time schedule given in key dates. The offer will remain valid for a period of 90 days, from the date of opening of tender and there after until it is withdrawn in writing by the tenderer.

3.4 The right is reserved to reject any item of the tender, or tender, as a whole without assigning any reason. Decision for acceptance or rejection rests with the competent authority.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 20

3.5 Scanned copies of all Originals documents as nut shelled below will have to be submitted with Pre-qualification / blank tender form; otherwise Pre-qualification / tender forms will be rejected. The contractor’s who successfully qualify in the evaluation can participate in the further process of tendering. The latest Income Tax documents (PAN Card and Balance Sheet from Chartered Accountant and IT Returns filed, Details of Receipt & Payments) and contractor’s valid Registration Certificate, Valid VAT Registration Certificate in form II (Rule-4 (i) under Rule 1984) along with clearance Certificate, Registration and Clearance Certificate as per the provision in labour /employees provident fund, labour license and other relevant documents.

3.6 Conditional Tenders are entitled for rejection.

4) PRE TENDER CONFERANCE

4.1. All Bidders are cautioned that the tenders containing any deviation / alteration from the contractual terms and conditions, specifications or other requirements and conditional tenders will be treated as non-responsive and will be entitled for rejection.

5) REVISION OR AMENDMENT OF TENDER DOCUMENTS: Right is reserved to revise or amend the tender documents prior to last date notified for the issue of tenders and such revisions or amendments or extensions shall be communicated to all concerned online on web site http://maharashtra.etenders.in. Bidder shall be presumed to have carefully examined all documents, forms, statements, special conditions, schedule, drawings and specifications of contract and to have fully acquainted himself with all details of .the site, his own quarries for rubble, sand, earthwork etc. locations of materials, river and weather characteristics and labour conditions in general and with all the necessary information and data etc. pertaining to and needed for the work prior to tendering of the work.

6. METHOD OF SUBMISSION OF TENDER / BID AND ITS ACCOMPANIMENTS Main Tender / Bid shall be submitted as per “E“ Tender procedure on line.

6.1 E.M.D. Stage œ (Part-1 stage) :- Enclosures & contents

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 21

1. a) The Tenders‘/ Bidder shall upload or scan copy of Demand Draft / Term Deposit receipt for purpose of E.M.D. elaborated in details in tender notice, and Tenders‘ / Bidder shall upload the details of E.M.D. Receipt in technical bid.

1. b) Tenders‘/ Bidder shall upload for submission purpose as per “E“ tender procedure on website, details of following documents., in this E.M.D. Stage envelope.

2. (a) Certificate in original or certified copy thereof as registered contractor with the Government of Maharashtra. Even though submitted earlier while issuing tender form.

(b) An Income Tax clearance certificate from Income Tax Officer of the Circle, valid on the date fixed for the receipt of tender.

3. Deed of partnership or Article of Association and Memorandum of Association for limited Company.

4. Details of technical person ( Appendix – A)

5. Details of documentary proof in respect of machines owned by him as below:- ( Appendix – B ) to ( Appendix – E) i) RTO Registration. ii) Certificate of Taxation iii) Goods Carriage permits in Form P-Gd Certificate (see Rule 72(i) (v) iv) Certificate of fitness in form 38 (See Rule 62 (1)7) in case of Non-RTO machinery, if the machinery is new the manufacturer‘s sale certificate shall be produced. In case of second hand machinery, the purchase document with proof of Payment in Balance sheet certified by the Chartered Accountant shall be produced. In lieu of the Certificate of the Chartered Accountant a Certificate from a Scheduled Bank of having financed the machinery will be acceptable. 6. Power of Attorney (if essential) 7. Details of work Carried out by the Contraction ( Appendix – C ) 8. Professional tax clearance (as shown and given on page No. 11 to 12 of the tender form). 9. Statement showing yearly turnover in terms work during last Three year (in form No.6) ( Appendix – F )

10. Statement showing the important items completed by the contractor any one year please note down the year (in form No.7) ( Appendix – G )

11. Registration certificate of labour provident fund Act and Certificate of competent authority for remittance of necessary amount in labour provident fund account. 12. All other relevant documents required for technical bid.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 22 13. Tender’s Summary: - Original copies shall be kept ready at the time of opening of tender. And shall be produced as and when demanded. a) The tender rates are inclusive of all taxes and are inclusive of the livable tax in respect of sale by transfer of property in goods involved in the execution of a work contract under the provision of Rule 58 of Maharashtra Value Added Tax Act. 2005 for the purpose of levy of Tax“

14. List of works in hand as on the date of submission of this tender ( Appendix – D )

7.2 C-1 : Commercial Bid (Part- II stage)

Commercial Bid shall contain, Volume No.1 Commercial booklet, Containing Section I to IV fully filled and digitally signed by contractor document, in which, PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS -B-1 TENDER FORM, UNDER HEAD ”TENDER FOR WORKS‘ shall be incorporated. commercial bid shall also contain main tender (Vol. I + II + III) including the common set of condition / stipulations issued by the govt. after tech pre-tender conference and T D R for additional Earnest Money Deposit in the form term deposit receipt (TDR) of requisite amount shall be up loaded. A tender submitted on line without these documents shall be considered as invalid. The tender should quote his offer in the form of percentage below or above of the estimated cost given in Schedule” B‘ Part-1 (IA+IB) at appropriate place given in B-1 form, as well as at appropriate place given in on line submission. He should not quote his offer anywhere directly or indirectly in technical bid failing which the commercial bid shall not be opened and his tender shall stand rejected. The contractor shall quote for the work as per details given in the main tender and also based on the common set of conditions issued / additional stipulations made by the Government of Maharashtra from time to time as informed to him by a letter from the Engineer in charge, or his superiors, after pre-tender conference.

The tender shall be unconditional.

8. TECHNICAL BID: (T-1)

8.1 Technical bid shall contain Tender booklet, Common set of Condition, stipulation laid down by the dept. and all relevant documents mentioned in above paragraphs along with scanned copy of Demand draft for requisite E.M.D.

8.2 OPENING TENDER: Bidder / Bidder shall quote his “OFFER IN THE SYSTEM GENERATED FORMAT“, online Tenderer / Bidder shall quote his offer in the “PERCENTAGE RATE TENDER & CONTRACT B-1 FORM“ under head, Tender for works, as integral part of this commercial bid . If the offers quoted in system generated format and Percentage rate form in Commercial Booklet are different or in ambience, in such circumstances, lowest offer will be considered for evaluation purpose. “OFFER“ In system Generated Format and percentage Rate B-1 tender form shall invariably be the same.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 23 9) This earnest money amount shall not carry any interest whatsoever. The earnest money will be refunded ( and Bank Guarantee, if any, will be released) in the case of Bidders whose tenders are not accepted only after completion of all formalities in respect of the accepted tender or in case of expiry of validity of offer, when specially withdrawn by the bidder. In the case of successful bidder, the earnest money will be refunded after completion of contract documents and after payment of security deposit is done as per provisions made in para (ii) Security Deposit, or converted into Security Deposit if required. ii) a) SECURITY DEPOSIT : A sum as mentioned in printed B-1 Tender form at para (e) (I) of Memorandum will have to be deposited in cash or in the form of T.D.R. Drawn in the name of Executive Engineer by the contractor at the time of completing the contract documents, if his tender is accepted. The Part Of initial Security Deposit shall be paid in From of T.D.R. minimum up to the limit of 1% cost put to tender & remaining shall be in the form of irrevocable Bank Guarantee from any Nationalized or Scheduled Banks situated in the State of Maharashtra for a period equal to the time limit plus the period of defects liability, so as to remit security deposit at two percent of cost put to tender in the office of the Engineer in charge. Additional security deposit if any for the offer less than ten percent of the cost put to tender shall be paid by the contractor in addition to initial security deposit in form of TDR amounting to rupees equal to the difference of the contractors offer & 90 % of updated cost of the tender shall be submitted to the engineer in charge at the time of completion of tender documents before work order. Security Deposit along with additional security deposit will be refunded after expiry of the defect (s) liability period as stipulated in the contract. iii) INCOME TAX CERTIFICATE : Whenever the Superintending Engineer / Executive Engineer, is satisfied of the Bidder ‘s difficulty in producing income Tax Clearance Certificate in original, a certified copy of the same in lieu of original, may be accepted. iv) VAT TAX: The tender rates are inclusive of all taxes and are also inclusive of the livable tax in respect of sale by transfer of property in goods involved in the execution of a work contract under the provision of Rule 58 of Maharashtra Value Added Tax Act 2005, for the purpose of levy of Tax. v) PROFESSIONAL TAX: Certificate of registration with the professional tax Officer of the district in form IA. Certificate of registration under section 5 (1) and 5 (2) of the Maharashtra Sales Tax on Professions, Trades, calling and employment act 1975. Form is as per appendix-l in this volume I.

It should be also made clear that the employees shall be all those who receive the wages / salaries from the Bidder and shall include the Office and field staff and those operating the machinery / equipment. It should also be ensured that SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 24 the machinery said to be deployed for the subject work is really in the ownership of the Bidder.

10. INSTRUCTIONS FOR SUBMISSIONS OF COMMERCIAL BID

Documents to be uploaded in C-1 Commercial Bid shall confirm to the instructions given below:

i) CONTRACTOR TO INFORM HIMSELF FULLY: The Bidder shall be deemed to have fully acquainted him with the work and site conditions and carefully examined the special conditions, the specifications, schedules and drawings and shall be deemed to have fully informed him regarding the local conditions. The Bidder shall also be deemed to have fully acquainted with the various leads and lifts involved in the works and materials of construction such has sand metal Rubble murum etc as well as shall be deemed to have fully acquainted with his own various quarries for construction materials, their availability and adequacy etc. no extra demand in this reargue will be accepted

ii) CONDITIONAL TENDER: Conditional tenders will be summarily rejected. The tenders which do not fulfill any of the conditions of the notified requirements laid down in this detailed tender notice, the general rules and directions for the guidance of the Bidders as mentioned in the B-1 form or are incomplete in any respect are likely to be rejected without assigning therefore. iii) TENDERED RATE : The Bidder should quote his offer in the form of percentage above or below the estimated cost, entered in Schedule ”B” Part-1, at appropriate place in B-1 form both in figures as well as in words in English and scanned copy shall be uploaded online. The percentage will not apply to Schedule” B‘ Part - II. In case there is difference between the percentage quoted as expressed in words and in figures, the percentage as expressed in words will be taken as correct irrespective of whether it is lower or higher than that expressed in figure. No alteration in the form of tender and in schedule of quantities will be permitted except Schedule”B1 part -II. The percentage mentioned in the tender shall be taken as applying to all conditions of weather and will be inclusive of all taxes if any. The percentage should be written in words in one line only as far as possible. Also if ambiguity observed in the offer quoted in the B1 scanned format and space provided in web based uploading, under such circumstances, lower offer shall be considered for evaluation purposes.

All the additional item (s) as many as foreseen by the Bidder with quantity (ies), rate (s) amount (s) and the detailed description shall be entered into by the Bidder in the space provided below Schedule ”B‘ Part - II – Anticipated additional items as foreseen by the Bidder. The Bidder is free to attach additional sheets, if required by him and sign the sheets, which will form part of the tender.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 25

The specifications for the additional item (s) as foreseen by the Bidder shall be in conformity with the nearest comparable item stipulated in the Hand Book of Standard Specifications published by government of Maharashtra and the applicability shall be decided before the acceptance of the tender.

The amount of all the items of Part-1 of Schedule” B ‘with percentage ( + or - ) and the amount of Part -II of Schedule ”B‘ will be totaled and this will be considered as the offer of the Bidder, The work in additional items in Schedule ”B‘ Part -II shall be paid for only when executed. The quantities of these items shall be fixed quantities.

The provisions of Price Variation in para 33 of special conditions of contract shall be applicable for the works executed under Additional item of Schedule”B‘ of Part - II. The provisions of Clause 38 of conditions of contract - Quantity Variation Clause will not be applicable to the Additional anticipated items in Schedule”B1 of part –II and will be governed by Govt Resolution Marathi letter No Nivida-0812/(420/2012)/mp 1 Dt 11-10-2012.and Govt Resolutions enacted from time to time. iv) If the percentage quoted by the Bidder is less than 90 % or more than 110 % of the updated estimated cost as stated at Sr. No. 5 Annex ”A‘ then the Bidder shall furnish and upload his detailed item wise justification for all items costing Rs. 50,000/- (Rs. Fifty Thousand only.) and above put to tender in C1 in order to establish the reasonableness of the rates. Bidder shall also submit additional information in justification of his offer wherever called for by the Corporation, without which the offer will not be considered. v) QUANTITIES PUT TO TENDER: The schedule” B‘ (Schedule of Quantities and Bid rates) of the tender is made up of two parts as below –

1. Part - I - Items as put to tender by the department.

2. Part - II - Anticipated Additional Items as foreseen by the Bidder. (Refer Note No. 5 and 10 under Schedule ”B“)

The quantities given in Schedule ”B“ part- I as put to tender by the Corporation for various items therein are approximate as some of the items of works put to tender are likely to be executed departmentally till the contract agency is fixed. Such quantities which would be executed till the fixation of contract agency will stand deducted from the quantities entered in the Schedule B at the time of completing the tender documents by the contractor. The contractor should take cognizance of this fact and no claims will be tenable on account of such reduction in quantity.

The quantities of items on which the Department has carried out the work, as measured on the date of work order shall stand deducted from the quantities

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 26 stipulated in Schedule B part - I as put to tender by the Corporation for the purpose of application of the stipulation of Clause 38 of Conditions of Contract of the tender.

11) TENDER UNITS: The tender has been invited under the Metric System of measurements. The Bidder should particularly note the units mentioned in Schedule B on which rates are to be based.

12) CORRECTIONS: No corrections should ordinarily be made in the tender documents. Any corrections in the entries made by Bidder should be by crossing the incorrect portion and writing the corrected portion above and each such correction shall bear the attestation of the Bidder.

13) SIGNING OF TENDER DOCUMENTS: The tender shall contain the name residence and place of business of person or persons making the tender and each page of tender document including drawings, shall be signed by the Bidder with his full dated signature.

The tender by partnership firm shall furnish the full names of all the partners in the forwarding letter. The letter shall be signed by the partner or by an authorized representative followed by the name and designation of the person signing. An attested copy of the partnership deed shall be furnished. Tender by Company shall be signed with the legal name of the company and signed by the persons authorized to sign in the matter.

Whenever whether in the submission of the tender or later, in other matters the signatures are made by one person on behalf of the company the ten derer shall supply an attested copy of the power of attorney.

Witnesses shall be persons of status and probity and their names, occupations and addresses shall be stated below their signatures. All signatures shall be dated.

The tender is also liable to be rejected outright while submitting online if, i) The Bidder proposes any alteration in the work specified in the tender or in the time allowed for carrying out the work, in any other conditions. ii) Any of the pages of tender are removed and / or replaced. iii) The percentages are uploaded both, in figures and in words by the Bidder in B-1 form.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 27 iv) All corrections and additions or pasted slips are not signed by the Bidder digitally up loading scan signed copy.

v) Tender in the case of firm, each partner or the person holding the power of attorney authoring him to do so thereof does not sign or the signature is not attested by a witness in B-1 tender form at the space provided for the purpose. and is not up loaded on web site.

14) ACCEPTANCE OF TENDER: Acceptance of tender will rest with the competent authority, who reserves the right to reject any or all tenders without assigning any reasons. The acceptance of tender may be intimated to the contractor by letter. Such intimation shall be deemed to be an intimation of acceptance of tender. The Bidder whose tender is accepted will have to complete the contract form within 15 days of being notified to do so and shall abide by all the rules and regulations and special conditions enumerated therein or attached herewith. In the event of failure of the Bidder to sign the agreement within the stipulated time, the earnest money including additional earnest money if any, paid by him shall be liable to be forfeited to Government of Maharashtra and the acceptance of the tender shall be liable to be considered as withdrawn. In that event the work will be awarded to next or any other contractor as competent authority assigned by Government of Maharashtra to accept tender may decide.

15) VALIDITY FOR 90 DAYS : The offer shall remain valid for a period of 90 (ninety) days from the date of the opening of tender, and thereafter until it is withdrawn by notice in writing by the Bidder, duly addressed to the authority as stated at Sr. No. 2.10 of Annex ”A‘ of this section, and sent by Resister Post. If the acceptance of tender is not communicated within 90 days and if the offer is withdrawn by the contractor as aforesaid, earnest money paid in cash shall be refunded in full.

16) COMPLETION OF TENDER DOCUMENT: While completing tender documents, the contractor must invariably complete appendices included in the tender documents giving correct information. However this information shall have to be submitted by the contractor in the prescribed formats separately in Envelope No. 1 as per provisions of paragraph 7 of the Detailed Tender Notice.

17) LANGUAGE: The language of all correspondence regarding this work shall be English only. 18) LICENSE UNDER CONTRACT LABOUR (REGULATION AND ABOLITION) ACT 1970

18.1 The successful Bidder should produce to the satisfaction of the competent authority accepting the tender a valid and-current license issued in his favour SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 28 under the provisions of contract Labour (Regulation and Abolition) Act, 1970 and the Maharashtra Contract Labour (R & A) Rules 1971, before signing the contract. On failure to do so acceptance of the Bidder will be withdrawn and also the earnest money and additional earnest money deposit, if any, will be forfeited to Government of Maharashtra The contractor shall submit the certified copy of registration certificate under ESIS and PF Act before payment of first RA bill is made.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 29 Water Resources Department

CERTIFICATE - A (Note All the details must be filled in strike out the item which is not applicable to the tender) Place: Date: Certified that, 1. l / (we) have not been awarded any contract for the construction of Earth work/ lining / Structure, on canals including Main, Branch, Distributory, Minor, Sub-Minor / Distribution System - Disnet items under the Superintending Engineer ------as on ------(Date of opening of the subject tender).

2. I / (we) have been awarded the following contract (s) for the work of construction of Earth work/lining / Structure, on canals including Main, Branch, Distributory, Minor, Sub-Minor/ Distribution System - Disnet items under the Superintending Engineer ------as on ------(Date of opening of the subject tender)

Name of work : Estimated cost put to tender : Contract No. and Date of work order: Contract Amount : Amount of work executed to date: Name of Division : Name of Circle :

3. I / (we) have tendered for the following work of construction of Earth work/ lining / Structure, on canals including Main, Branch, Distributor, Minor, Sub- Minor/ Distribution System –Disnet items under the Superintending Engineer ------as on ------(date of opening of the subject tender) and my offer is the lowest responsive offer.

Name of work : Estimated cost put to tender : Tendered Amount : Name of Division : Name of Circle :

Signature of the Contractor

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 30 Water Resources Department I / We have been allotted the work ______agreement bearing No. ______The stipulated date of completion of this work as per agreement which was subsequently extended up to ______However, the work is still in an incomplete stage. I / We desire to complete this work for which I / We need extension of time limit up to ______I / We am / are aware of the present financial problems of the Corporation and in knowledge of the fact that timely payment towards the work executed by Me / Us are not possible, I / We however desire to complete the above work by mobilizing our own financial resources. Notwithstanding anything contained in the tender documents of this work I / We hereby undertake as follows. 1) I / We will not claim for any compensation for delayed payments or delay in execution of this work for any reason whatsoever, executed by me / us in past as well as the work that will be executed in future. ii) It will be my / our responsibility to get the information about availability o funds with the Corporation for the above work allotted to me / us and accordingly to arrange for the labourers, construction materials and finance. iii) This undertaking will be part and parcel of the B-1 agreement bearing] No ______

Signature of the Contractor (With Stamp / Seal in case of company)

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 31 ANNEX - A (SECTION -1)

A) DESCRIPTION OF THE PROJECT:

Special Repairs to Bhandardara dam by way of drilling & grouting from top (Ch. 0 to 76.20M) Tal. Akole , District. Ahmednagar. .

B) STATUS OF PROJECT:

Location

1. Name of the water source : - Bhandrdara dam

2. Village : - Bhandardara)

3. Taluka : - Akole,

4. District : - Ahmednagar,

5. State : - Maharashtra

6. Latitude : -

C) CLIMATIC CONDITIONS : - Good.

Maximum Temperature - :- 31 Degree Celsius in May.

Minimum Temperature - :- 10 Degree Celsius in December.

Average Rainfall - :- 3145 m.m.

D) SCOPE OF THE WORK: 1. Special Repairs to Bhandardara dam by way of drilling & grouting from top ( Ch. No 0 to 76.20 M ) 2. Land is in possession of Department : question does note arrise.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 32

E) 1.0 DETAILS OF WORK:

1. Name of work :- Special Repairs to Bhandardara dam by way of drilling & grouting from top ( Ch. No 0 to 76.20 M )

1.2 Estimated Cost Rs. 34.76 Lakhs.

1.3 Earnest Money (EMD) 1% Rs 0.35Lakhs.

By fix deposit payable at Ahmednagar, Of any Nationalized Bank.

Security Deposit 5 %

1.4 1) Rs.0.87 /- Lakhs.in the form T D R 1) Initial (2.50.%) Or in the form of B.G deposit payable at Ahmednagar

2) Deducted from through. Rs.0.87/- Lakhs.

Through R.A. BiIIs (2.50 %)

1.5 Date, time and place of Pre- Not applicable Tender Conference

1.6 Class of Contractor Class VA & above

Period of Completion of Work 12 months. (including Rainy season ) 1.7

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 33 2.0. INFORMATION FOR OBTAINING TENDER PAPERS AND ITS SUBMISSION:

2.1 Address of the Executive Engineer, In charge of Executive Engineer, work issuing Tender Paper' prequalification Ahmednagar Irrigation Division document And in whose name Earnest Money Ahmednagar. Phone No.0241-2323917 and Security Deposit is to be pledged. Rs. 1000/- ( Rs.one thousand Only) 2.2 Cost of Blank tender forms.

The name of authority for accepting Tender competent authority, as laid down 2.3 Particulars Start date Start time Closing End Time Date 2.4 Period for downloading Tender 1.112013 10.01 18.11.2013 17.30 Forms 2.5 Date & time for Online Bid data 01/11/2013 10.01 22/11/2013 17.30 Decryption & Re encryption (Technical & Financial) 2.6 Last Date & time for online Bid 22.11.2013 17.31 25.11.2013 14.00 preparation and Hash Submission (Technical & Financial) 2.7 Date and Time for Submission of 24/11/2013 15.30 Earnest money deposit TDR and tender document fees DD and Affidavit (in Original) One day before of opening of the Technical Bid date & time. 2.8 Date Time and venue of opening of 25.11.2013 14.01 30.11.2013 17.45 Technical Bid 2.9 Date Time and venue of opening of 25.11.2013 14.01 30.11.2013 17.45 Commercial Bid.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 34 3.0. WORK AND SITE CONDITIONS:

3.1 Location : - 65 km from Sangamner r Dist :- Ahmednagar,

3.2 Nearest Railway Station : - Nashik 130KM.

3.3 Nearest Air port : - Aurangabad. 220 Km.

3.4. Roads :- Approachable by all weather Road

3.5 Nearest Telephone and : - Akole Telegraph Facility.

3.6 Nearest Petrol & Diesel Pump : - Akole

3.7 Position of land acquisition :- question is does not arrise

4.0 PERIOD OF COMPLETION AND CONSTRUCTION PROGRAMME:

4.1 Period of completion :- 12 months. (including Rainy season)

4.2 Construction programmed of major items to be executed:

Work part as under:-

Taking trial Year Grouting bores

2013-14 145 Rmt 30 mt 279.75 2014-15 42.95 mt Rmt

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 35 FORM B-1

PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

DEPARTMENT : Water Resources Department. REGION : Chief engineer(N.R)North MaharashtraRegion Nashik. CIRCLE : Command Area Development Authority Nashik. DIVISION : Ahmednagar Irrigation Division, Ahmednagar.

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS

1. All works proposed to be executed by contract shall be notified in a form of invitation to tender pasted on a board hung up in the office of the Executive Engineer, Ahmednagar Irrigation Division, Ahmednagar and signed by the Executive Engineer.

This form will state the work to be carried out as well as the date for submitting and opening tenders and the time allowed for carrying out the work, also the amount of earnest money to be deposited with the tender and the amount of security deposit to be deposited by the successful Bidder, and the percentage, if any, to be deducted from bills. Copies of the specifications, designs and drawings, estimated rates, scheduled rates and any other documents required in connection with the work shall be signed by the Executive Engineer for the purpose of identification and shall also be open for inspected by contractors at the office of the Executive Engineer, Ahmednagar Irrigation Division, Ahmednagar, Ahmednagar during office hours.

Where the works are proposed to be executed according to the specifications recommended by a contractor and approved by a competent authority on behalf of the Public Works Department such specifications with designs and drawings shall form part of the accepted tender. 2. In the event of the tender being submitted by a firm, it must be signed separately by each partner thereof, and in the event of the absence of any partner, it shall be signed on his behalf by a parson holding a power of attorney authorizing him to do so. 2(A) (i) The contractor shall pay along with the tender the sum as stipulated in Annexe ”A‘ to Section I as and by way of earnest money The Contractor may pay the said amount by forwarding along with the tender, Corporation cash receipt or Demand

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 36 Draft drawn on bank and in favour of the Executive Engineer, Ahmednagar Irrigation Division, Ahmednagar.. as indicated in Annexure ”A‘ of detailed Tender Notice.

(ii) The Contractor shall also enclose irrevocable bank guarantee of sum as stipulated in Annex ”A‘ Sr. No. 1.3.1 if his offer is less than 10% of the updated estimated cost as sated at Sr. No. 5 of Annex ”A‘ The said amount of earnest money shall not carry any interest whatsoever.

(iii) If, after submitting the tender, the contractor withdraws his offer, or modified the same or if after the acceptance of his tender the contractor fails or neglects to furnish the balance amount of security deposit without prejudice to any other rights and powers of the Public Works Department hereunder, on in law, the Public Works Department shall be entitled to forfeit the full amount of the earnest money deposited by him.

(iv) In the event of his tender not being accepted, the amount of earnest money deposited by the contractor shall, unless it is prior thereto for effected under the provisions of sub-clause (iii) above, be refunded to him on his passing receipt thereof.

3. Receipt for payments made on account of any work, when executed by a firm, should also the signed by all the partners except where the contractors are described in their tender as firm, in which case the receipt shall be signed in the name of the firm by one of the partners, or any some other person having authority to give effectual receipt for the firm,

4. Any person who submits a tender shall till up the usual printed form stating at what percentage above or below the rates specified in Schedule 'B' (memorandum showing items of work to be carried out) he is willing to undertake the work. Only one rate of such percentage on all the estimated rates/Schedule rates shall be named. Tenders which propose any alteration in the works specified in the said form of invitation to tender or in the time allowed for carrying out the work, or which contained any other conditions, of any sort will be liable to rejection. No printed form of tender shall include a tender for more than one work, but contractors who wish to tender for two or more works, they shall submit separate tender for each. Tenders shall have the name and number of the work to which they refer written outside the envelope.

5. The Executive Engineer or his duly authorized Assistant shall open the tenders in the presence of contractors who have submitted tenders or their representatives who may be present at the time, and he will enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted the contractor shall for the purpose of identification, sign copies of the specifications and other documents mentioned in Rule 1. In the event of the tender being rejected, the Divisional Officer shall authorize to refund the amount of earnest money deposited to the contractor making the tender, on his giving a receipt for the return of the money.

6. The officer competent to dispose of the tenders shall have the right of rejecting all or of the tenders.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 37

7. No receipt for any payment alleged to have been made by a contractor in regard to any matter relating to this tender or the contract shall be valid and binding on Government unless it is signed by the Executive Engineer.

8 No materials of any type required for the work (costing more than Rs. 100 Lakhs) shall be supplied by the Govt. All the work shall be executed by the Bidder with contractors own material (s) the memorandum of work to be tendered for shall be filled in and completed by the office of the Executive Engineer before the tender form is issued. If a form issued to an intending Bidder has not been so filled in and completed he shall request the said office to have this done before he completes and delivers his tender.

9 All work shall be measured net by standard measure and according to the rules and customs of the Public Works Department and their rates shall be without reference to any local custom.

10 Under no circumstances shall any contractor be entitled to claim enhanced rates for items in this contract.

11 Every registered contractor should produce along with his tender certificate of registration as approved contractor in the appropriate class and renewal of such registration with the date of expiry.

12 All corrections and additions or pasted slips should be initialed.

13. The measurements of work will be taken according to the usual method in use in the Public Works Department and no proposal to adopt alternative methods will be accepted. The Executive Engineer‘s decision as to what is the usual method in use in the Department will be final.

14. The tendering contractor shall furnish a declaration along with the tender showing all works for which he has already entered into contract, and the value of work that remains to be executed in each case on the date of submitting the tender. 15. Every Bidder shall furnish along with the tender, information regarding the Income tax circle or ward of district in which he is assessed to income-tax the reference to the number of assessment and the assessment year, and a valid Income Tax clearance certificate.

16. In view of the difficult position regarding the availability of foreign exchange no foreign exchange would be released by the Department for the purchase of plant and machinery required for the execution of the work contracted for. (GCB/PWD/CFM/1058/196/62517, dated 26-9-1959)

17. The contractor will have to construct shed for storing controlled and valuable materials issued to him under Schedule ”A‘ of the agreement, at the work site, having double locking arrangement. The materials will be taken for use in the presence of the Departmental person. No materials will be allowed to be removed from the site of works.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 38

18. The contractors shall also give a list of machinery in their possession and which they propose to use on the work in the form of Statement No. II. 19. ”Every registered contractor should furnish along with tender a statement showing Previous experience and technical staff employed by him, in the form of Statement No. V.

20. Successful Bidder will have to produce to the satisfaction of the accepting authority a valid and current license issued in his favor under the provision of Contract Labour (Regulation and Abolition Act 1970) before starting work, failing which acceptance of the tender will be liable for withdrawal and earnest money will be forfeited to Government.

21. The Contractor shall comply with the provisions of the Apprentices Act 1961 and the rules and orders issued there-under from time to time. If he fails to do so, his failure will be a breach of the contract and the Executive Engineer, may, in his discretion cancel the contract. The contractor shall also be liable, for any pecuniary liability arising on account of any violation by him of the provisions of the Act.

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 39 B-1 TENDER FORM PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS Tender for Works

1. I/ We hereby tender for the execution for the * In Govt. In Figures as well as Of Maharashtra (here-in-before and In words here-in-after referred to as corporation) of the work specified in memorandum as enclosed within the time specified in such memorandum at % percent below / above the estimated rates entered in Schedule ‘B‘ Part-l and AT PAR with the rates entered in Schedule ‘B‘ Part - II (memorandum showing items or work to be carried out) and in accordance in all respects with the specifications designs, drawings and instructions in writing referred to in Rule 1 hereof.

2. I/We agree that the offer shall remain open for acceptance Amount to be specified for a minimum period of 90 in days from the date fixed for In words & in Figures opening the same and thereafter until it is withdrawn by me / us by notice in writing duly addressed to the authority opening the tenders and sent by registered post AD or otherwise delivered at the office of such authority. Demand Draft on...... A scheduled Bank or cash Challan of state bank of India / Bank of Baroda in respect to the sum of Rs...... in words...... represent ing the earnest money is herewith forwarded, amount of earnest money in the form of Bank Guarantee as required in view of offer being lower than 10% below the updated estimated cost as stated at Sr. No. 5 of Annex-A, is also in closed. The amount of earnest money shall not bear interest and shall be liable to be profited to the

SIGNATURE OF CONTRACTOR NO OF CORRECTIONS EXECUTIVE ENGINEER 40 Corporation should I / We fail to (i) abide by the stipulation to Keep the offer open for the period mentioned above or (2) sign and complete the contract documents as required by the Engineer and furnish the security deposit and additional security deposit if any as specified in item (e) and (f) of the “memorandum enclosed within the time limit laid down in clause (1) of Conditions of contract. The amount of earnest money may be adjusted towards the security deposit or refunded to me/us if so desired by me/ us, in writing, unless the same or any part thereof has been forfeited as aforesaid.

3. Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms and provisions of the conditions of Contract included in this booklet so far as applicable and in default thereof to forfeit and pay to Corporation the sum of money mentioned in the said conditions.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 41 MEMORANDUM a) General Description: Special Repairs to Bhandardar dam by way of drilling & grouting from top.(Ch. 0 to 76.20 M )

b) Estimated Cost Rs. 3475618/- c) Earnest Money (EM) @ 1% Rs.35000/- d) i) Security Deposit (SD) @ 2. % Rs. 87000/-

ii) To be deducted from current bills Rs. 87,000/- @ 2. % 174000/- e) Additional SD (if required as __ Specified in para 9 (i) (b) in the form of Bank Guarantee) f) Percentage if any, to be deducted from 5 % R A bills so as to make up the total amount Required as Security Deposit by the time, Half the work, as measured by the costs is done g) Time allowed for the work from the date 12 (Twelve) Calendar Months of written order to commerce. (Including monsoon)

Signature of Contractor Signature of Contractor

Address ______Address ______

Dated the Day of Occupation

The above tender is hereby accepted by me for and on behalf of the Govt of Maharashtra

Date Day of Signature of the Officers by whom

To be filled by the tender accepted.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 42

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 43

SECTION II PERCENTAGE RATE SCHEDULE “A” & ‘’ B’’

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 44

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 45

SCHEDULE "A"

Name of Work :- Special Repairs to Bhandardar dam by way of drilling & grouting from top.(Ch. 0 to 76.20 M,

Schedule showing (approximately) the materials to be supplied from the stores for the work contracted to be executed and the rates at which they are to be changed for.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 46

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 47

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 48

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 49

TOR NO. OF CORRECTIONS EXECUTIVE ENGINons - Volume lI.

SECTION III APPENDICES

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 50

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 51

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 52

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 53

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 54

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 55

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 56

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 57

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 58

APPENDIX —F“ (Vide para 36 of special conditions of Contract) DECLARATION OF THE CONTRACTOR

1. / We, ------

Contractor (s) here by under take that I / We shall pay the labourers engaged on the work as indicated n Annexure A to Section I -Detailed Tender Notice, wages as per Minimum Wages Act, 1948 and amendments thereto applicable to the zone in which work lies and act accordingly, I/we also undertake to abide by the various laws in force and extend necessary facilities and amenities to the staff and workers employed by me / us.

2. / we hereby declare that / We have made myself/ ourselves thoroughly conversant with the local conditions regarding all materials and labour on which / We have bided my / our rates for this work. The specifications of this work have been carefully studied and understood by me/ us before submitting this tender.

Signature of the Contractor.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 59

APPENDIX “G” (vide para 9 (ii) Detailed Tender Notice ) MODEL FORM OF BANK GUARANTEE BOND

1. This deed of Guarantee is made on the ______by ______having his head office at the ______(hereinafter called the said contractor (s) from the demand under the terms and conditions of an agreement dated ______made between ______and ______for ______(hereinafter called “the said agreement“) of security deposit for the due fulfillment by the said contractor of the terms and conditions contained in the said agreement. On production of bank guarantee for Rs. ______(Rupees ______only) we,______reinafter referred to as “the bank“) at the request of ______contractors) do hereby undertake to pay to the Government of Maharashtra, hereinafter referred to as Department, an amount not exceeding Rs. ______against any loss or damage caused to or suffered or would be caused to or suffered by the government by reasons of any breach by the said contractor (s) of any of the terms or conditions contained in the said agreement. 2. We ______(indicate the name of bank) do hereby, undertake to pay amount due and payable under this guarantee without any demur, merely on a demand from the Department stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Department by reason of breach by the said contractor (s) of any of the terms or conditions contained in the said agreement or by reason of the contractor (s) failure to perform the said agreement, any such demand made on the bank shall be

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 60 conclusive as regards the amount due and payable by the bank under this guarantee, however, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ______

3. We undertake to pay to the Department any money so demanded not with-standing any dispute or disputes raised by the contractor (s) / supplier (s) in any suit or proceeding pending before any court or tribunal relating there to our liability under this present being absolute and unequivocal, the payment so made by use under this bond shall be a valid discharge of our liability for payment there under and the contractor (s) / supplier (s) shall have no claim against us for making such payment.

4. We ______(indicate the -name of bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till a the dues of the Department under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till office / Department, of Name of Administrative Officer) Certificates that the terms and conditions of the said Agreement have been fully and properly carried out by said the contractor (s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the We shall be discharged from all liability under this guarantee thereafter.

5. We ______. (indicate the name of bank) further agree with the Department that the Department shall have the fullest liberty without our consent and without affecting in any manner our obligations here under to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Department against the said contractor (s) and to for bear or enforce any of the terms and condition relating to the said agreement and we shall not be relived from our liability by reason of any such variation or extension being granted to the said contractor (s) or

for any forbearance, act or commission on the part of the Government of Maharashtra or any indulgence by the Government of Maharashtra to the said

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 61 contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the in the change in the constitution of the Contractors / Suppliers.

7. We ______(Indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Department in writing.

Dated the ______day of ______for ______

(Indicate the name of Bank.)

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 62 APPENDIX”H‘ (vide para 1.14 of General Specification Section I) INDENTURE FOR SECURED ADVANCES

(For use in cases in which the contract is for finished work and the Contractor has entered into an Agreement for the execution of accretion specified quantity of work in a given time)

THIS INDENTURE MADE the ______day of ______Between ______hereinafter called ”the contractor‘ which expression shall assigns) of the one part and The Government of Maharashtra (hereinafter called as the Departmanet which expression shall where the context so admits or implies be deemed to include his successors in office and assigns) of the other part.

WHEREAS by an agreement dated (hereinafter called the said Agreement‘) the Contractor has agreed.

AND WHEREAS the Contractor has applied to the Department that he be allowed advances on the security of materials absolutely belonging to him and rough by him to the site of the works, the subject of the said Agreement for use in the construction of such of the works as he has undertaken to execute at rate fixed for the finished work (inclusive of the cost of material and labour and other charges.)

AND WHEREAS the Department has agreed to advance to the Contractor the sum of Rupees ______in words Rupees ______on the aforesaid security and has resaved to himself the option of making any further advance or advances on security of aforesaid nature the quantities and other particulars of the materials on the security of which the advance or advance are made being detailed in Part-ll of the running account bill for the said works, signed at the time being by the Contractor on.

NOW THIS INDENTURE WITNESS that in pursuance of the said Agreement and in consideration of the sum of Rs. ______on or before the execution of these presents paid to the Contractor by the Department (the receipt whereof the Contractor booth hereby acknowledge) and of such further advances (if any) as may be made to him as aforesaid, the Contractor does

hereby convenient ant agree with the Department and declare as follows :

1. That the said of Rs. ______so advanced by the corporation to the

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 63 Contractors as aforesaid shall be employed by the Contractor in or towards expediting the execution of the said works and for non other purpose what-soever.

2. That the materials detailed in the said running account bill which have been offered to any accepted by the Corporation as security are absolutely the Contractor ‘s own properly and free from encumbrances of any kind and the Contractor will not make any application for or receive a further advance on the security of materials which are of absolutely his own property, and free from encumbrances of any kind and the Contractor indemnifies the Departmanet against all claims to any materials in respect of which an advance has been made to him as aforesaid.

3. That the materials detailed in the said running account bill and all other materials on the security of which any further advance or advances may hereafter be made as aforesaid (hereinafter called ”the said materials‘) shall be used by the Contractor solely in the execution of the said works in accordance with the directions of the Divisional Officer, Division (hereinafter called ” the Divisional Officer1) and in the terms of the said Agreement.

4. That the Contractor shall make at his own cost all necessary and adequate arrangement for the proper watch, safe custody and protection against all risks of the said materials and that uncial used in construction as aforesaid, the said materials shall remain at the site of the- said works in the Contractor custody and on his own responsibility and shall at him. In the event of the said materials or any part thereof being stolen, destroyed or damaged, the Contractor will forthwith replace the same with other materials of like quality or repair and make good the-same as required by the Divisional Officer.

5. That the said materials shall not on any account be removed from the site of the said works except with the written permission of the Divisional Officer or an officer authorized by him in that behalf.

6. That the advances shall repayable in full when or before the Contractor receives payment form the Department of the prices payable to him for the said works under the terms and provisions of the said agreement provided that if any intermediate payments are made to the Contractor on account of

work done, then on occasion of each such payment, the Department will be at liberty to make a recovery form the Contractor‘s bill for such payment by deducting there from the value of the said materials then actually used in the construction and in respect of which recovery has not been made preciously, the value for this purpose being determined in respect of each description of materials, at the rates at which the amounts of advances made under these presents were calculated

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 64

7. That if the Contractor shall at any time make any defaults in the performance or observance of any of the terms and provision of the said agreement or of these presents, the total amounts of the advance or advances that may still be owing to the Department Maharashtra shall immediately of the happening of such defaults be repayable by the Contractor to the corporation, together with interest thereon at twelve percent per annum from the date or respective dates of such advance to the date of repayment and with all costs, charges, damages expenses incurred by the Department in or for the recovery thereof or the enforcement of this security or otherwise by‘ reason of the default of the Contractor and the contractor hereby convenience and agree with the Department to repay and pay the same respectively to him according.

8. That the contractor hereby charges all the said materials with the repayment to the Department of the said sure of Rs. ______and any further sum of sums advanced as aforesaid and all costs, charges, damages and expenses payable under these presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything in the said Agreement and without prejudice to the powers contained therein, if and whenever the covenant for payment and Repayment here in before contained shall become enforceable and the money owing shall not be paid in accordance therewith, the Department may at any time thereafter adopt all or any of the following courses as he may deem best: a) Seize and utilize the said-or any part thereof in the completion of the said works on behalf of the Contractor in accordance with the actual cost of effecting such completion and the amount due in respect of advances under these presents and crediting with the said agreement and at the rates thereby provided. If the balance is against the contractor, he is to pay the same to the Department on demand. b) Remove and sell by public auction the seized materials or any part thereof and out of the moneys arising form the sale, retain all the sums aforesaid repayable to the Department under these presents and pay over the surplus (if any) to the Contractor. c) Deduct all or any part of the money owing out of the security deposits or any sum due to the Contractor under the said Agreement.

9. That except in the event of such default on the part of the Contractor as aforesaid, interest on the said advance shall not be payable.

10. That in the event of any conflict between the provisions of these present and the said Agreement, the provisions of these presents shall prevail and in the event of any dispute or difference arising over the construction or effect of these presents, the settlement of which has not been herein before expressly provided for the same shall

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 65 be referred to the Superintending Engineer Small Scale Irrigation (Water conservation) CIRCLE NASHIK. whose decision on shall he final.

IN WINTESS WHEREOF the said ______and ______by the order and under the direction of the Department have herein to set their respective hands the day and year first above written. Signed, sealed & delivered by the said Contractor in the presence.

Witness :

Signature :

Name :

Address :

Signed by :

by the order and direction of the Chief Engineer Minor irrigation (local sector) Pune Maharashtra in presence of

Witness :

Signature :

Name :

Address :

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 66 APPENDIX - I PROFESSIONAL TAX CLEARANCE CERTIFICATE This is to certify that M/s. of (address) is A registered dealer under the Maharashtra State Tax on Professions, Traders, Calling and Employment Act No. XVI of 1975, holding Registration Certificate No. and w. e. f. and under section 5 (1) and 5 (2) respectively.

The said dealer has paid all tax dues up to 31st March, (previous year) under the act. The dealer has paid the professional tax dues for the employees mentioned blow.

There is no professional Tax dues outstanding against the dealer under the act.. This certificate is valid for ONE year from the date of issue. Place : Signature :

Date :

Professional Tax Officer Place : District

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 67 APPENDIX ‘J’ AGREEMENT Articles of agreement executed on this the ______Of ______between the Executive Engineer, MINOR IRRIGATION (LOCAL SECTOR )Division, Ahmednagar, (hereinafter referred to as Executive Engineer of the on part and Shri ______(Name and address of the Bidder) (hereinafter referred to as ” the bounden1) of the other part.

Whereas in response to the notification No. ______Dated the bounden has submitted to the Executive Engineer a tender for the work ______specified therein subject to the terms and conditions contained in the said tender.

Whereas the bounden has also deposited with Executive Engineer a sum of Rs.______as earnest money for execution of a an agreement undertaking the due fulfillment of the contract in case his tender is accepted by the Executive Engineer. Now these presents witness and it is mutually agreed as follows:

1. In case the tender submitted by the bounden is accepted by the Executive Engineer and the contract for is awarded to the bounden, the bounden shall within days of acceptance of his tender execute an agreement with the Executive Engineer incorporating all the terms and conditions under which the Executive Engineer accepts his tender.

2. In case the bounden fails to execute the agreement as aforesaid incorporating terms and conditions governing the contract, the Executive Engineer shall have power and authority to recover from the bounden any loss or any damage caused to the Executive Engineer by such breach, as may be determined by the Executive Engineer by appropriating the earnest money deposited by the bounden and if the earnest money is found to be inadequate the deficit amount may be recovered from the bounden and his properties, movable and immovable, in the manner hereafter contained. 3. All sums found due to the Government of Maharashtra under or by the virtue of this agreement shall be recoverable from the bounden and his properties, movable and

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 68 im-movable, under the provisions of the Maharashtra Land Revenue code for the time being in force as though such sums are arrears of land revenue and in such other manner as the Government of Maharashtra may deem fit.

In witness whereof Shri ______

(Name and designation) for and on behalf of the Government of Maharashtra and

Shri ______

the bounden have herein to set their hands the days and year shown against their respective signature.

Signed by Shri ______date ______in the presence of witness

1. ______

2. ______

Signed by Shri ______date ______in the presence of witness

1. ______

2. ______

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 69

CONDITIONS OF CONTRACT

CLAUSE - 1: SECURITY DEPOSIT

The person / persons whose tender may be accepted (hereinafter called the contractor) which expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators, and assigns) shall

(A) within 10 days, which may be extended by the Superintending Engineer, concerned, up to 15 days (if the Superintending Engineer thinks fit to do so)] of the receipt by him of the notification of the acceptance of his tender deposit with the Executive Engineer in cash or in Government securities endorsed to the Executive Engineer, (if deposited for more than 12 months) of sum sufficient which will made up the full Security Deposit specified in the tender or

(B) permit Government at the time of making any payment to him for work done under the contract to deduct such a bill amount to Four percent of all money so payable such deduction to be held by the Government, by way of security deposit, provided always that in the event of the contractor depositing a lump-sum by way of security deposit as contemplated at (A) above, then and in such case, if the sum so deposited shall not amount to Four percent of the total estimated cost of the work it shall be lawful for Government at the time of making any payment to the contractor for work done under the contract to make up the full amount of Four percent by deducing a sufficient sum on such payment as last aforesaid until the full amount of the Security Deposit is made up. All compensation or other sums of money payable by the contractor to Government under the terms of his contract may be deducted from or paid by the sale of sufficient part of his Security Deposit or from the interest arising there from, or from any sums which may be due or may become due by Government to the contractor under any other contract or transaction of any nature on any account whatsoever and in the event of his Security Deposit being reduced by reason of any such deductions or sale as aforesaid the contractor shall, within ten days thereafter, make good in cash or Government securities endorsed as aforesaid any sum or sums which may have been deducted from or raised by sale of his Security Deposit or any part thereof. The security Deposit referred to, when paid in cash may, at the cost of the depositor, be converted into interest bearing securities provided that the depositor has expressly desired this in writing.

If the amount of the security deposits to be paid in a lump sum within the period specified at (A) above, the tender/ Contract already accepted shall be considered as cancelled and legal steps taken against the contractor for recovery of the amounts. The amount of the Security Deposit lodged by a contractor shall be refunded along with the payment of the final bill if the date up to which the contractor has agreed to maintain the work in good order, is over. If such date is not over, only 50% amount of Security Deposit shall be refunded along with the payment of the final bill. The amount of Security deposit retained by the

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 70 Government shall be released after expiry of period up to which the contractor has agreed to maintain the work in good order is over. In the event of the contractor failing or neglecting to complete rectification of work within the period up to which the contractor has agreed to maintain the work in good order, than, subject to provisions of clause- 17 and clause- 20 hereof, the amount of Security Deposit retained by Government shall be adjusted towards the excess cost incurred by the department on rectification work.

Additional Security Deposit

In case contractor's offer is less than 90% or more than 110% of the updated estimates cost put to tender additional security deposit in the from of irrevocable Bank Guarantee valid for entire period of contract, shall be submitted to the engineer-in-charge at the time of completing tender documents. The Additional Security Deposit to be paid by the contractor will be worked out as below.

Additional Security Deposit S = (P-10) x 10 100 Where,

S = Percentage @ which the additional security deposit will have to be paid on the estimated cost put to under.

P* = Percentage quoted by tenderer above or below the estimated rates.

Non submission of the above Additional Security Deposit will result into forfeiture of the EMD

The additional Security Deposit shall be refunded to the contractor on issuing of the completion certificate by the engineer-in-charge as stipulated in the Clause No 7 of the contract, provided that the engineer-in-charge, if demanded in writing by the contractor shall, from time to time, release the Additional Security Deposit in parts which are proportionate to the amount of the completed work.

The Security Deposit will not be accepted in form of insurance, cost bond.

Note :- * This will be the same percentage as that in the tender at (e).

CLAUSE – 2: COMPENSATION FOR DELAY

The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall, throughout the stipulated period of the contract, be proceeded with, with all due diligence (time being deemed to be the essence of the contract on the part of the contractor) and the contractor shall pay as compensation an amount equal to one percent or such smaller amount as the Superintending

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 71 Engineer, (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown in the tender for every day that the work remains un-commenced, or unfinished after the proper date. And further to ensure good progress during the execution of the work, the contractor shall be bound in all cases in which the time allowed for any work exceeds one month to complete. % of the work % of the time 25% 25% 50% 50% 75% 75% 100% 100%

Note The quantity of the work to be done within a particular time to be specified above shall be fixed and insured in balance space kept for the purpose by the officer competent to accept the contracts (after taking into consideration the circumstances of each case) and abide by the program of detailed progress laid down by the Executive Engineer

The following proportion will usually be found suitable in percentage of the time *Reasonable progress of earth work in 1/4, 1/2, 3/4 of the total period 30%, 60%, 95% progress respectively of value of work.

In the event of the contractor failing to comply with this condition he shall be liable to pay, as compensation, an amount equal to one percent or such smaller amount as the Superintending Engineer, whose decision in writing shall be final, may decide of the estimated cost of the whole work for every day that the due quantity of work remains incomplete.

Provided always that the total amount of compensation to be paid under the provision of this Clause shall not exceed 10% of the estimated cost of the work as shown in the tender.

CLAUSE-3: ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

In any case in which under any Clause or Clauses of this contract, the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments) or in case of abandonment of the work, owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Government of Maharashtra, shall have power to adopt any of the following courses, he may deem best suited to the interest of Government. a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of the Executive Engineer, shall be conclusive evidence) and in that case the Security Deposit of the contractor shall stand forfeited and be absolutely at the disposal of Government.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 72 b) To carryout the work or any part of the work departmentally debiting the contractor with the cost of the work, expenditure incurred on tools ad plants, and charges on additional supervisory; staff including the cost of work-charged establishment employed for getting the un-executed part of the work completed and crediting him with the value of the work done departmentally in all respect in the same manner and at the same rate as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to the cost and other allied expenses so incurred and as to the value of the work so done departmentally shall be final and conclusive against the contractor. c) To order that the work of the contract be measured up, to take such part thereof, as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contract / agency, additional supervisory staff including the cost of work-charged establishment and cost of the work executed by the new contract agency will be debited to the contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it has been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as to the value of the work so done shall be final and conclusive against the contractor. d) In case the contract, shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid, any sum for any work therefore actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of such work and the amount payable to him in respect thereof and he shall only be entitled to be paid the amount so certified. In the event of either of the courses referred to in clause (a) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess shall be deducted from any money due to the contractor by government under the contract or otherwise howsoever or from his security deposit or the sale proceeds thereof provided, however, that the contractor shall have no claim against Govt. Even if, the certified value of the work done departmentally or though a new contractor exceeds the certified cost of such work and allied expenses, provided always that whichever of the three courses mentioned in clauses (a), (b) or (c) is adopted by the Executive Engineer, the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials, or entered into any engagements, or made any advances on account of, with a view to the execution of the work or the performance of the contract.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 73 CLAUSE-4: ACTION WHEN THE PROGRESS OF ANY PARTICULAR PORTION OF THE WORK IS UNSATISFACTORY

If the progress of any particular portion of the work is unsatisfactory, the Executive Engineer shall not withstanding that the general progress of the work is in accordance with clause, be entitled to take action under Clause- 3(b), after giving the contractor ten days’ notice in writing and the contractor will have no claim for compensation, for any loss sustained by him owning to such action.

CLAUSE-5: CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE- 3

If any case in which any of the powers conferred upon the Executive Engineer by Clause- 3 & Clause-4 hereof shall have become exercisable and the same shall not have been exercised, the non exercise, thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in any future case of default by the contractor for which under any Clause or Clauses hereof he is declared liable to pay compensation amounting to the whole of his Security Deposit and the liability of the contractor for past and future compensation shall remain unaffected. Power to take a possession of or require removal of or sell contractor's plant In the event of the Executive Engineer taking, action under sub clause (a) or (c) of clause 3 may, if he so desires, take possession of all or any tools, plant, materials and stores in or upon the work or the site thereof or belonging to the contractor, or procured by him and intended to be used for the execution of the work or any part thereof, paying or allowing for the same in account at the contract rates or in the case of contract rates not being applicable at current market rates, to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative the Executive Engineer may, by notice in writing to the contractor or his clerk of the work, foremen or other authorized agent require him to remove tools, plant, materials, or stores from the premises within a time specified in such notice, and in the event of the contractor failing to comply with any such requisition, the Executive Engineer, may remove them at the contractor's expense or sell them by auction or private sale at the risk and account of the contractor in all respects; and the certificate of the Executive Engineer as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale shall be final and conclusive against the contractor.

CLAUSE-6: EXTENSION OF TIME

If the contractor shall desire an extension of the time for completion of work on the grounds of his having been unavoidably hindered in its execution or on any other grounds, he shall apply in writing to the Executive Engineer before the expiry of the period stipulated in the tender or before the expiration of 30 days from the date on which he was hindered as aforesaid or on which the cause for asking for extension occurred, whichever is earlier and the Executive Engineer may with prior approval of the officer accepting tenders, if in his opinion there are reasonable grounds for granting an extension grant such extension as he

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 74 thinks necessary or proper. The decision of the Executive Engineer in this matter shall be final.

CLAUSE-7: FINAL CERTIFICATE

On completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (hereinafter called engineer-in-charge) of such completion but no such certificate shall be given or shall the work be considered to be completed until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding, surplus materials and rubbish, and shall have cleaned off the dirt from all woodwork, doors, windows, walls, floor or other parts of any building in or upon which the work has been executed, or of which may have had possession for the purpose of executing the work, not until the work shall have been measured by the engineer-in-charge, or where the measurements have been taken by his subordinates, until they have received the approval of the engineer-in-charge, the said measurements being binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus materials and rubbish and cleaning of dirt on or before the date fixed for the completion of the work, the engineer-in-charge may, at the expenses of the contractor, remove such scaffolding, surplus materials and rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred, but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

CLAUSE-8: PAYMENTS ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCES

No payment shall be made for any work, estimated to cost less than Rupees one thousand, before whole of the work is completed and a certificate of completion given. But in the case of the works estimated to cost more than Rupees one thousand the contractor shall on submitting a monthly bill thereof, be entitled to receive payment proportionate to the part of the work then approved and passed by the engineer-in-charge, whose certificate of such approval and passing of the sum so payable, shall be final and conclusive against the contractor. All such intermediate payments shall be regarded as payments by way of advance against the final payments only and not as payments for work actually done and completed, and shall not preclude the engineer-in-charge from requiring bad unsound, imperfect or unskillful work to be removed or taken away and reconstructed or re-erected, nor shall any such payment be considered as an admission of the due performance of the contract or any part thereof in any respect or the accruing of any claim, not shall it conclude, determine or affect in any other way the power of engineer-in-charge as to the final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for the completion of the work, otherwise the engineer-in-charge's certificate of the measurements and of the total amount payable for the work shall be final and binding on all parties.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 75

CLAUSE-9: PAYMENT AT REDUCED RATES ON ACCOUNT OF ITEMS OF WORK NOT ACCEPTED AS COMPLETED TO BE AT THEDISCRETION OF THE ENGINEER-IN-CHARGE

The rates for several items of works estimated to cost more than Rs. 1000/- agreed to within, shall be valid only when the item concerned is accepted as having completed fully in accordance with the sanctioned specifications. In cases where the items of works are not accepted as, so completed, the engineer-in-charge may make payment on account of such items at such reduced rates as he may consider reasonable in the preparation of final or on account bills.

CLAUSE-10: BILLS TO BE SUBMITTED MONTHLY

A bill shall be submitted by the contractor in each month or before the date fixed by the engineer-in-charge for all works executed in the previous month, and the Executive-in- charge shall take or cause to be taken the requisite measurements for the purpose of having the same verified and the claim, so far as it is admissible, shall be taken adjusted, if possible, within 10 days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as foresaid, engineer-in-charge may depute a subordinate to measure up to said work in presence of contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant and the engineer-in-charge may prepare a bill from such list which shall be binding on the contractor in all respects.

CLAUSE-11: BILLS TO BE SUBMITTED ON PRINTED FORMS

The contractor shall submit all bills on the printed forms to be had on application at the office of the engineer-in-charge. The charges to be made in the bills shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender, at the rates hereinafter provided for such work.

CLAUSE-12 :- STORES SUPPLIED BY GOVERNMENT

DELETED

CLAUSE – 12 (A)

DELETED

CLAUSE-13: WORKS TO BE, EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, ORDERS ETC

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 76 The contractor shall execute the whole and every part of the work in the most substantial and workman like manner and both as regards materials and in every other respect in strict accordance with specifications. The contractor shall also confirm exactly, fully and faithfully to the designs, drawings and instructions, in writing relating to the work, i.e. signed by the engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of inspection, etc., at such office or on the site of work during office hours. The contractor will be entitled to receive three sets of contract drawings and working drawings as well as one certified copy of the accepted tender along with the work order, free of cost. Further copies of contract drawings and working drawings, if required by him shall be supplied at the rate of Rs. 1000/- per set of contract drawing and Rs.120/- per working drawing except where otherwise specified.

CLAUSE-14: ALTERATION IN SPECIFICATIONS AND DESIGNS NOT TO INVALIDATE CONTRACTS

The engineer-in-charge shall have power to make any alterations in, or additions to the original specifications, drawings designs and instructions that may appear to him to be a necessary or advisable during the progress of the work, and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given to him in writing signed by engineer-in-charge and such alteration shall not invalidate the contract and any additional work which the contractor may be directed to do in the manner above specified in the tender for the main work for which no rate is specified in this contact, then such class of work shall be carried out at the rates entered in the schedule of rates of the division or at the rate mutually agreed upon between the engineer-in-charge and the contractor whichever is lower.

Rates for works not entered in estimate or schedule of rates of the district If the additional or altered work for which no rate is entered in the schedule of rates of the division, is ordered to be carried out before the rates are agreed upon then the contractor shall, within 7 days of the date of receipt by him of the order to carry out the work, inform the engineer-in-charge of the rate which it is his intention to charge for such class of work, and if the engineer-in-charge does not agree to this rate he shall by notice in writing be at liberty to cancel his order to carry it out such class of work and arrange to carry out in such manner as he may consider advisable, provided always that the contractor shall commence work or incur any expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such rates or rates as shall be fixed by the engineer-in-charge. In the event of dispute, the decision of the Superintending Engineer of the circle will be final.

Extension of time in consequence of additions or alterations The time limit for the completion of the work shall be extended in the proportion that the increase in its cost occasioned by alterations or additions bears to the cost of the original contract work and the certificate of the engineer-in-charge as to such proportion shall be conclusive.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 77

CLAUSE-15: NO CLAIM TO ANY PAYMENT OR COMPENSATION FOR ALTERNATION IN OR RESTRICTION WORK

1) If at any time after the execution of the contract documents the engineer-in-charge shall for any reason whatsoever (other than default on the part of the contractor for which the Government is entitled to rescind the contract) desires that the whole or any part of the work specified in the tender should be suspended for any period or that the whole or any part of the work should not be carried out at all, he shall give to the contractor a notice in writing of such desire and upon the receipt of such notice the contractor shall forthwith suspend or stop the work wholly or in part as required, after having due regard to the appropriate stage at which the work should be stopped or suspended, so as not to cause any damage or injury to the work already done or endanger the safety thereof provided that the decision of the engineer-in-charge as to the stage at which the work or any part of it could be or could have been safely stopped or suspended shall be final and conclusive against the contractor. The contractor shall have no claim to any payment or compensation whatsoever by reason of or in pursuance of any notice as aforesaid on account of any suspension, stoppage or curtailment except to the extent specified hereinafter.

2) Where the total suspension of work ordered as aforesaid continued for a continuous period exceeding 90 days, the contractor shall be at liberty to withdraw from the contractual obligations under the contract so far as it pertains to the unexecuted part of the work by giving a 10 days prior notice in writing to the Engineer within 30 days of the expiry of the said period of 90 days, of such intention and requiring the Engineer to record the final measurements of the work already done and to pay the final bill. Upon giving such notice the contractor shall be deemed to have been discharged from his obligation to complete the remaining unexecuted work under this contract. On receipt of such notice the Executive Engineer shall proceed to complete the measurements and make such payment as may be finally due to the contractor within a period of 90 days from the work already done by the contractor. Such payment shall not in any manner prejudice the right of the contractor to any further compensation under the remaining provision of this clause.

3) Where the engineer-in-charge requires the contractor to suspend the work for a period in excess of 30 days at any time or 60 days in the aggregate, the contractor shall be entitled to apply to the engineer-in-charge within 30 days of resumption of work after such suspension for payment of compensation to the executive tent of pecuniary loss suffered by him in respect of working machinery rendered idle on the site or on account of his having had to pay the salary or wages of labour engaged by him during the said period of suspension, provided always that the contractor shall not be entitled to any claim in respect of any such working machinery, salary or wages for the first 30 days whether consecutive or in the aggregate of such suspension or in respect of any suspension whatsoever occasioned by unsatisfactory work or any other default on his part. The

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 78 decision of the engineer-in-charge in this regard shall be final and conclusive against the contractor.

4) IN THE EVENT OF

i) Any total stoppage of work on notice from the engineer-in-charge under sub clause (1) in that behalf.

ii) Withdrawal by the contractor from the contractual obligation to complete the remaining unexecuted work under sub clause (2) on account of continued suspension of work for a period exceeding 90 days.

iii) Curtailment in the quantity of item or items originally tendered on account of any alteration omission or substitutions in the specifications, drawings and designs or instructions under Clause 14 (1) where such curtailment exceeds 25% in quantity and the value of the quantity curtailed beyond 25% at the rate for the items specified in the tender is more than Rs. 5,000/-.

It shall be open to the contractor within 90 days from the service of (i) the notice of stoppage of work or (ii) the notice of the withdrawal from the contractual obligations under the contract on account of the continued suspension of work or (iii) notice under Clause 14 (1) resulting in such curtailment, to produce the engineer-in-charge satisfactory documentary evidence that he had purchased or agreed to purchase material for use in the contracted work, before receipt by him of the notice of stoppage, suspension, or curtailment and require the government to take over on payment of such material at the rates determined by the engineer-in-charge provided however, such rates shall in no case exceed the rates at which the same were acquired by the contractor. The government shall thereafter take over the material so offered, provided the quantities offered are not in excess of the requirement of the unexecuted works as specified in the accepted tender and are of quality and specification approved by the Engineer. [PW& H Dept. circular memorandum No. CAT 126859382 QI dated 22/2/78.]

CLAUSE-15 (A): NO CLAIM TO COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN SUPPLY OF MATERIALS BY GOVERNMENT

The contractor shall not be entitled to claim any compensation from Government for the loss suffered by him on account of delay by Government in the supply materials entered in Schedule "A" where such delay is caused by

i) Difficulties relating to supply of railway wagons.

ii) Force major

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 79 iii) Act of God

iv) Act of enemies of the state or any other reasonable cause beyond the control of Government.

In the case of such delay in the supply of materials Government shall grant such extension of time for the completion of the works as shall appear to the Executive Engineer to be reasonable in accordance with the circumstances of the case. The decision of the Executive Engineer as to extension of time shall be accepted as final by the contractor.

CLAUSE-16: TIME LIMIT FOR UNFORESEEN CLAIMS

Under no circumstances, whatsoever, shall the contractor be entitled to any compensation from Government on any account unless the contractor shall have submitted a claim in writing to the engineer-in-charge within one month of the cause of such claim occurring.

CLAUSE-17: ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If at any time before the security deposit or any part thereof is refunded to the contractor it shall appear to the engineer-in-charge or his subordinate in charge of the work, that any work has been executed with unsound/imperfect or unskillful workmanship or with materials of inferior quality or that any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for, or are otherwise not in accordance with the contract, it shall be lawful for the engineer-in-charge to intimate this fact in writing to the contractor and then not withstanding the fact that the work, materials or articles complained of may have been inadvertently passed, certified and paid for, the contractor shall be bound forthwith to rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or if so required, shall remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost and in the event of his failing to do so within a period to be specified by the engineer-in-charge in the written intimation aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate for every day not exceeding 10 days, during which the failure so continuous and in the case of any such failure the engineer-in-charge may rectify or remove and re-execute the work or remove and replace the materials or articles complained of as the case may be at the risk and expense in all respects of the contractor. Should the engineer-in-charge consider that any such inferior work or materials as described above may be accepted or made use of it shall be within the discretion to accept the same at such reduced rates as he may fix therefore.

CLAUSE-18: WORK TO BE OPEN TO INSPECTION. CONTRACTOR OR RESPONSIBLE AGENT TO BE PRESENT

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 80 All works under or in course of execution or executed in pursuance of the contract shall at all times be open to the inspection and supervision of the engineer-in-charge and his subordinates, and the contractor shall at all times during the usual working hours, and at all other times at which reasonable notice of the intention of the engineer-in-charge or his sub ordinate to visit the works shall have been given to the contractor, either himself, be present to receive orders and instructions or have responsible agent duly accredited in writing present for that purpose. Orders given to the contractor's duly authorized agent shall be considered to have the same force and effect as if they had been given to the contractor himself.

CLAUSE-19: NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days’ notice in writing to the engineer-in- charge or his subordinate in charge of the work before covering up or otherwise placing beyond the reach of measurements any work in order that the same may be measured, and correct dimensions thereof taken before the same is so covered, up or placed beyond the reach of measurements and if any work, shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained the same shall be uncovered at the contractor's expenses and in default thereof no payment or allowance shall be made for such work or for the materials with which the same was executed. [PWH Department Mumbai's circular No CAT 1270/2632 Desk-2 dated 09/05/1977.]

CLAUSE-20: CONTRACTOR LIABLE FOR DAMAGE DONE AND FOR IMPERFECTIONS

If during the period of 24 months from the date of completion as certified by the engineer-in-charge pursuant to Clause 7 of the contract or 24 months after commissioning the work, whichever is earlier in the opinion of the Executive Engineer, the said work is defective in any manner whatsoever, the contractor shall forthwith on receipt of notice in that behalf from the Executive Engineer, duly commence execution and completely carry out at his cost in every respect all the work that may be necessary for rectifying and setting right the defects specified therein including dismantling and reconstruction of unsafe portions strictly in accordance with and in the manner prescribed and under the supervision of the Executive Engineer. In the event of the contractor failing or neglecting to commence execution of the said rectification work within the period prescribed therefore, in the said notice and or to complete the same as aforesaid as required by the said notice, the Executive Engineer get the same executed and carried out departmentally or by any other agency at the risk on account and at the cost of the contractor. The contractor shall forthwith on demand pay to the Government the amount of such cost, charges and expenses sustained or incurred by the Government of which certificate of the Executive Engineer shall be final and binding on the contractor. Such costs, charges and expenses shall be deemed to be arrears of land revenue and in the event of the contractor failing or neglecting to pay the same on demand as aforesaid without prejudice to any other rights and remedies of the Government; the same may be recovered from the contractor as arrears of land revenue. The Government shall also be entitled to deduct the same from any amount which may then be payable or which may therefore become payable by the Government to the contractor either in respect of the said

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 81 work or any other work, whatsoever or from the amount of security deposit retained by Government.

CLAUSE-21: CONTRACTORS TO SUPPLY PLANT, LADDERS, SCAFFOLDINGS, ETC.

The contractor shall supply at his own cost all materials (except such special materials, if any, as may, be supplied from the Water Conservation Department Stores in accordance with the contract) plant, tools appliances, implements, ladders, cordage, tackle, scaffolding and any temporary works which may be required for the proper execution of the work, in the original, alternate or substituted form and whether included in the specifications, other documents forming part of the contract or referred to in these conditions or not and which may be necessary for the purpose of satisfying or complying with requirements of the engineer-in-charge as to any matter on which under these conditions he is entitled to be satisfied, or which he is entitled to require together with carriage therefore to and from the work.

The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting, weighing and assisting in the measurements or examination at any time and from time to time of the work or the materials, failing this the same may be provided by the engineer-in-charge at the expense of the contractor and the expense may be deducted from any money due to the contractor under the contract from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof contractor is liable for damages arising from non-provision of lights, fencing etc. The contractor shall provide all necessary fencing and lights required to protect the public from accident, shall also be bound to bear the expenses of defense of every suit, action or other legal proceedings, at law, that may be brought by any person for injury sustained owning to neglect of the above precautions and to pay any damages and costs which may be awarded in any such suit action in proceedings to any such person, or which may with the contractor be paid in compromising any claim by any such person.

CLAUSE-21 (A):

The contractor shall provide suitable scaffolds and working platform, gangways and stairways and shall comply with the following regulation in connection therewith.

a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely done from a ladder or by other means

b) A scaffold shall not be constructed, taken down, or substantially altered except.

i) Under the supervision of a competent and responsible person and

ii) As far as possible by competent workers possessing adequate experience in this kind of work.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 82

c) All scaffolds and appliances connected therewith and all ladders shall.

i) be of sound material

ii) be of adequate strength having regard to the loads and strains to which they will be subjected and

iii) be maintained in proper condition

d) Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use.

e) Scaffolds shall not be over-loaded and so far as practicable the load shall be evenly distributed.

f) Before installing lifting gear on scaffolds special precautions shall be taken to ensure the strength and stability of the scaffolds.

g) Scaffolds shall be periodically inspected by competent persons.

h) Before allowing a scaffold to be used by his workmen the contractor shall, whether the scaffold has been erected by his workmen or not, take steps to ensure that it complies fully with the regulations here-in-specified.

i) Working platforms gangways and stairways shall

ii) be so constructed that no part thereof can sag unduly or unequally

iii) be so constructed and maintained having regard to the prevailing conditions as to reduce as far as practicable risk or persons and stripping or slipping, and iv) be kept free from any unnecessary obstruction

i) In the case of the working platforms, gangways or working places and stair ways at a height exceeding (To be specified) 3 meters.

i) Every working platform and every gangway shall be closely boarded unless other adequate measure is taken to ensure safety.

ii) Every working platform, gangway working place and stairways shall be suitably fenced.

k) Every opening in the floor of a building or in working platform shall, except for the time and to the extent required to allow the access of persons or the transport of

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 83 shifting of materials, be provided with suitable means to prevent the fall of persons or materials.

I) When persons are employed on a roof where there is a danger of falling from a height exceeding 3 meters, suitable precautions (to be prescribed) shall be taken to prevent the fall of persons or materials.

m) Suitable precautions shall be taken to prevent persons being struck by articles which might fall from scaffolds or other working places.

n) Safe means of access shall be provided to all working platforms and other working places.

o) The contractor(s) will have to make payments to the labours as per Minimum Wages Act.

CLAUSE- 21 (B):

The contractor shall comply with the following regulations as regards the hoisting appliances to be used by him.

a) Hoisting machines and tackle, including their attachments anchorages and supports shall

i) be of good mechanical constructions, sound material and adequate strength and free from patent defect and

ii) be kept in good repairs and in good working order.

b) Every rope used in hoisting for lowering materials or as a means of suspension shall be of suitable quality and adequate strength and free from patent defect

c) Hoisting machines and tackle shall be examined and adequately tested after erection on the site and before use and be re-examined in position at intervals to be prescribed by the Government.

d) Every chain, ring, hook shackle, swivel and pulley block used in hoisting or lowering materials or as a mean of suspension shall be periodically examined.

e) Every crane driver or hoisting appliance operator shall be properly qualified.

f) No person who is below age of 18 years shall be in control of any hoisting machine, including any scaffold which, or give signals to the operator.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 84 g) In the case of hoisting machine and of every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering or as means of suspension the safe working load shall be ascertained by adequate means.

h) Every hoisting machine and all gear referred to in preceding regulation shall be plainly marked with safe working load.

i) In the case of a hoisting machine having a variable safe working load each safe working load and the conditions under which it is applicable shall be clearly indicated.

j) No part of any hoisting machine or of any gear referred to in regulation g) above shall be loaded beyond the safe working load except for the purpose of testing.

k) Motors gearing, transmissions, Electric wires and other dangerous part of hoisting appliances, shall be provided with efficient safeguards.

l) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the accidental decent of the load.

m) Adequate precautions shall be taken to reduce to a minimum the risk of any part of a suspended load becoming accidentally displaced.

CLAUSE-22: MEASURE FOR PREVENTION OF FIRE

The contractor shall not set fire to any standing jungle trees, grass without a written permit from the Executive Engineer when such permit is given and also in cases when destroying out or dug up trees brush woods, grass, etc. by fire, the contractor shall take necessary measures to prevent such fire spreading to or otherwise damaging surrounding property. The contractor shall make his own arrangements for drinking water for the labour employed by him and provide sanitary and other arrangements.

CLAUSE-23: LIABILITY OF CONTRACTORS FOR ANY DAMAGE DONE OR OUTSIDE WORK AREA

Compensation for all damage done intentionally or unintentionally by contractors, labour whether in or beyond the limits of Government property including any damage caused by the spreading of fire mentioned in clause 22 shall be estimated by the engineer-in-charge or such other officer as he may appoint and the estimates of the engineer-in-charge subject to the decision of the Superintending Engineer on appeal shall be final and contractor shall be bound to pay the amount of the assessed compensation on demand failing which the same will recovered from the contractor as damages in the manner prescribed in clause 1 or deducted by the engineer-in-charge from any sums that may be due or become due from Government to the contractor under this contract or otherwise.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 85 The contractor shall bear the expenses of defending any action or other legal proceedings that may be brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread of fire and he shall pay any damages and cost that may be awarded by the court in consequences.

CLAUSE-24: EMPLOYMENT OF FEMALE LABOUR

The employment of female labours on works in the neighborhood of soldier’s barracks should be avoided as far as possible.

CLAUSE-25: WORK ON WEEKLY HOLIDAYS

No work shall be done on holydays without sanction in writing of the engineer-in- charge

CLAUSE-26: WORK NOT TO SUBLET, CONTRACT MAY BE RESCINDED AND SECURITY DEPOSIT FORFEITED FOR SUBLETTING IT WITHOUT APPROVAL OR FOR BRIBING A GOVERNMENT OFFICER OR IF CONTRACTOR BECOMES INSOLVENT

The contract shall not be assigned or sublet without the written approval of the engineer-in-charge. Contract may be rescinded and security deposit forfeited if subletting is with approval or for bribing a public officer or if contractor becomes insolvent, and if the contractor shall assign or sublet his contract, or attempt so to do or become insolvent or commence any proceeding to be adjudicated an insolvent or make any composition with his creditors, or attempt so to do the engineer-in-charge may by notice in writing, rescind the contract. Also if any bribe, gratuity, gift, loan, perquisite reward or advantage pedantry or otherwise, shall either directly or indirectly be given, promised, or offered by the contractor or any of his servants or agents to any public officer or person in the employment of Government in any way relating to his office of employment, or if any such officer or person shall become in any way directly of indirectly interested in the contract the engineer-in- charge may by notice in writing rescind the contract. In the event of a contract being rescinded the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of Government and the same consequences shall ensure as if the contract had been rescinded under clause 3 hereof & in addition the contractor shall not be entitled to recover or be paid for any work therefore actually performed under the contract.

CLAUSE-27: SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 86 All sums payable by contractor by way of compensation under any of these shall be considered as a reasonable compensation to be applied to the use of government without reference to the actual loss or damage sustained and whether any damage has or has not been sustained.

CLAUSE-28: CHANGES IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In the case of tender by the partners any change in the constitution of the firm shall be forthwith notified by the contractor to the engineer-in-charge for his information.

CLAUSE-29: WORK TO BE UNDER DIRECTION AND CONTROL OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the direction and control and subject to the approval in all respects of the Superintending Engineer of the Circle for the time being, who shall be entitled to direct at what point or points and in what manner they are to be commenced and from time to time, carried on.

CLAUSE-30

1) DECISIONS OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in the contract and subject to the powers delegated to him by Government under the code rules then in force the decision of the Superintending Engineer of circle for the time being shall be final, conclusive and binding on all parties to the contract upon all questions relating to the meaning of the specifications, designs, drawing and instructions, herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever, in any way arising out of or relating to the contracts, designs, drawings, specifications, estimates, instructions, orders or these conditions, or otherwise concerning the work, or the execution, or failure to execute the same whether arising, during the progress of the work, or after the completion or abandonment thereof.

2) The contractor may within thirty days of receipt by him of any order passed by the Superintending Engineer of the Circle as aforesaid appeal against it to the Chief Engineer concerned with the contract, work or project, provided that:

a) The accepted value of the contract exceeds Rs. 10 lakhs (Rupees Ten lakhs)

b) Amount of claim is not less than Rs. 1.00 lakh (Rupees One lakh)

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 87 3) If the contractor is not satisfied with the order passed by the Chief Engineer as aforesaid the contractor may, within thirty days of receipt by him of any such order, appeal against it to the concerned Secretary, Rural Development & Water Conservation Department, who if convinced, that prima-facie the contractor's claim rejected by Superintending Engineer/Chief Engineer is not frivolous and that there is some substance in the claim of contractor as would merit a detailed examination and decision by the Standing Committee, shall order to put up to the same to the Standing Committee at the Government level for suitable decision.

CAUSE-31: STORES OF EUROPEAN OR AMERICAN MANUFACTURE TO BE OBTAINED FROM GOVERNMENT

DELETED

CLAUSE-32: LUMP SUMS IN ESTIMATES

When the estimate on which a tender is made includes lump sum in respect of the of the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under this contract for such items; or if the part of the work in question is not in the opinion of the engineer-in-charge capable of measurement the engineer-in-charge may at his discretion pay the lump sum amount entered in the estimate, and the certificate in writing of the engineer-in-charge shall be final and conclusive against the contractor with regard to any sum or all sums payable to him under the provision of this clause.

CLAUSE-33: ACTION WHERE NO SPECIFICATIONS

In the case of any class of work for which there is no such specification as is mentioned in rule 1, such work shall be carried out in accordance with divisional specifications and in the event of there being no divisional specifications then in such case the work shall be carried out in all respects in all respects with the instructions and requirements of the engineer-in- charge.

CLAUSE-34: DEFINITION OF WORK

The expression "works" or "work" where used in these conditions, shall unless there be something in the subject or context repugnant to such construction, be constructed to mean the work or works contracted to be executed under or in virtue of the contract, whether temporary or permanent and whether original, altered substituted or additional.

CLAUSE-35 Contractor’s percentage whether applied to net or gross amounts of bill, the percentage referred to in the tender shall be deducted from / added to the gross amount of the bill before deducting the value of any stock issued. [As per G.R.P. W.D.No. CAT/1080/CR-330 Bldg-2 dated 10/06/87]

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 88

CLAUSE-36: REFUND OF QUARRY FEES AND ROYALTIES

All quarry fees, royalties, octroies dues and ground rent for stacking materials, if any should be paid by the contractor.

CLAUSE- 37: COMPENSATION UNDER WORKMEN'S COMPENSATION ACT

The contractor shall be responsible for and shall pay any compensation to his workmen payable under the Workmen's Compensation Act, 1923 (VIII of 1923) (hereinafter called as the said act), for Injuries caused to the workmen If such compensation is payable and/or paid by Government as principal employer under sub section (1) of section 12 of the said act on behalf of the contractor, it shall be recoverable by Government from the contractor under sub-section (2) of the said section. Such compensation shall be recovered in the manner laid down in clause 1 above.

CLAUSE- 37 (A)

The contractor shall be responsible for and shall pay the expenses of providing medical aid any workmen who may suffer a bodily injury as a result of an accident. If such expenses are incurred by Government the same shall be recoverable from the contractor forthwith and be deducted without prejudice to any other remedy of Government from any due that may become due to the contractor.

CLAUSE- 37 (B)

The contractor shall provide all necessary personal safety equipment and first aid apparatus available for the use of persons employed on the site, shall maintain the same in condition suitable for immediate use at any time and shall comply with the following regulations in connection therewith a) The workers shall be required to use the equipment so provided by the contractor and the contractor shall take adequate steps to ensure proper use of the equipment by those concerned. b) When work is carried on in proximity to any place where there is a risk of drowning all necessary equipment shall be provided and kept ready for use and all necessary steps shall be taken for the prompt rescue of any person in danger. c) Adequate provisions shall be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.

CLAUSE-37 C

The contractor shall duly comply with the provisions of "The Apprentices Act 1961" (III) of 1961 the rules made there under and the orders that may be issued from time to

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 89 time under the said Act and the said Rules and on his failure or neglect to do so he shall be subject to all the liabilities and penalties provided by the said Act and said Rules". [Vide circular No. CAT/6076/3336 (400)Bldg-2 Dt. 16.08.85.] CLAUSE-

CLAUSE-38: CLAIM FOR QUANTITIES OF WORK IN THE TENDER

1) Quantities in respect of the several items shown in the tender are approximate and no revision in tender rate shall be permitted in respect of any of the items so long as subject to any special provision, contained in the specifications prescribing a different percentage of permissible variation; the quantity of the item does no exceed the tendered quantity by more than l25% and so long as the value of the excess quantity beyond this limit at the rate of the item specified in the tender, is not more than Rs. 5000/- [(PW & H Department Resolution No. CAT 1268/59382 Q dated 14/3/1974) & Govt. Resolution Water Resources Department marathi letter No Nivida- 0812/(420/2012)/mp 1 Dt 11-10-2012 and Govt Resoulution as enacted by Govt Of Maharashtra From time to time.

2) (i) The contractor shall if ordered in writing by the Engineer so to do, also carry out quantities in excess of the limit mentioned in sub clause (i) hereof on the same condition as and in accordance with the specification in the tender and at the rates (i) derived from the rates entered in the current schedule of rates and in the absence of such rates

(ii) At the rates prevailing in the market. The said rates being increased or decreased as the case may be, by percentage which the total tendered amount bears to the estimated cost of the work as put to tender based upon the schedule of rates applicable to the year in which the tenders were invited; for the purpose of operation of this clause this cost shall be Rs. 37.59 Lakhs /- (Thirty seven lacs and Fifty nine thousand only)

3) Claims arising out of reduction in the tendered quantity of any item beyond 25 percent will be governed by the provision of clause- 15 only when the amount of such reduction beyond 25% at the rate of the item specified in the tender is more than Rs. 5000/- 4) There is no change in the rate if the excess is more than 25 % of the tendered quantity but the value of the excess work at the tendered rate does not exceed Rs. 5000 /- 5) The quantity to be paid at the tendered rate shall include a ) Tendered quantity plus b) 25 % excess of the tendered quantity or the excess quantity of the value of Rs. 5000 /- at the tendered rate whichever is more. 6) The operation of these clauses shall be with reference to each sub work as one unit and not with reference to the whole work and as per Government orders / Government resolutions as enacted from time to time.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 90

CLAUSE-39: EMPLOYMENT OF FAMINE OR OTHER LABOUR

The contractor shall employ any feminine, convict or other labour of a particular kind or class if ordered in writing to do so by the engineer-in-charge.

CLAUSE-40: CLAIM FOR COMPENSATION FOR DELAY IN STARTING THE WORK

No compensation shall be allowed for any delay caused in the starting of the work on account of any acquisition of land and in the case of clearance works, for any delay in according sanction to estimate.

CLAUSE-41: CLAIM FOR COMPENSATION FOR DELAY IN THE EXECUTION OF WORK

No compensation shall be allowed for any delay in the execution of the work on account of water standing in borrows pits or compartments. The rates are inclusive for hard or cracked soil excavation in mud, sub soil, water or water standing in borrows pits and no claim for an extra rate shall be entertained unless otherwise expressly specified

CLAUSE-42: ENTERING UPON OR COMMENCING ANY PORTION OF WORK

The contractor shall not enter upon or commence any portion of work except with the written authority and instructions of the engineer-in-charge or his subordinates in charge of work; failing such authority the contractor shall have no claim to ask for measurements or payment for work.

CLAUSE-43: MINIMUM AGE OF PERSONS EMPLOYED, THE EMPLOYMENT OF DONKEYS AND OTHER ANIMALS i) Contractor shall not employ any person who is under the age of 18 years. ii) No contractor shall employ donkeys or other animals with breaching of string or thin rope. The breaching must be at least 7.5 cm. wide and should be of tape (Nawar). iii) No animals suffering from sores, lameness or emaciation which his immature shall be employed on the work iv) The engineer-in-charge or his agent is authorized to remove from the work any person or animal found working which does not satisfy these conditions and no responsibility shall be accepted by Govt. for any delay caused in the completion of the work by such removal. v) The contractor shall provide drinking water facilities to the workers, similar amenities shall be provided to the workers engaged on large work in urban area.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 91 CLAUSE-44: METHOD OF PAYMENT

Payment to contractors shall be made by cheques drawn on any treasury within the Division convenient to them, provided the amount exceeds Rs. 10/-. Amounts not exceeding Rs. 10/- will be paid in cash.

CLAUSE-45: ACCEPTANCE OF CONDITIONS COMPULSORY BEFORE TENDERING FOR WORK

Any contractor who does not accept these conditions shall not be allowed to tender for works.

CLAUSE-46: EMPLOYMENT OF SCARCITY LABOUR

If Government declares a state of scarcity or famine to exist in village situated within 16 km of the work, the contractor shall employ upon such parts of the work, as are suitable for unskilled labour, any person certified to him by the Executive Engineer or by any person to whom the Executive Engineer may have delegated this duty in writing to be in need of relief and shall be bound to pay to such persons wages not below the minimum which Government may have fixed in this behalf. Any disputes which may arise in connection with the implementation of this clause shall be decided by the Engineer-in-Charge whose decisions shall be binding on contractor.

CLAUSE-47

The price quoted by the contractor shall not in any case exceed the control price, if any, fixed by Government or reasonable price which is permissible for him to charge a private purchaser for the same class and description of goods under the provisions of Hoarding and Profiteering Prevention Ordinance, 1948, as amended from time to time. If the price quoted exceeds, the contractor will specifically mention this fact in his tender along with the reasons for quoting such highest price. The purchaser at his discretion will in such case exercise the right of revising the price at any stage so as to conform to the controlled price on the permissible under the Hoarding and Profiteering Prevention Ordinance. These declarations will be exercised without prejudice to any other action that may be taken against the contractor.

CLAUSE-48 The Contractor shall employ the unskilled labour to be employed by him on the work only from locally available labours and shall give preference to those persons enrolled under Maharashtra Government and self Employment Department's Scheme. Provided, however, that if the required unskilled labours are not available locally, contractor shall in the first instance employ such number of persons as is available may with previous permission in writing of the Executive engineer-in-charge of said work obtain the rest of requirement of unskilled labour from outside the above scheme. (As per ¿ÖÖÃÖÖ ×Ö ÖÔµÖ Îú. ÃÖß‹™üß 1097 / ¯ÖÏ. Îú. 478 / ‡´ÖÖ¸üŸÖ-2, ´ÖãÓ²Ö‡Ô, ×¤ü. 23/3/1998)

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 92

CLAUSE-49 Where workers are required to work near machine etc. and are liable to accidents, the should not be allowed to wear loose clothes like Dhoti-Jhabba, etc.

CLAUSE-50 In case of material that remains surplus with the contractor from those issued for the work contracted for the date of ascertained of the materials being surplus will be taken as the date of sale for the purpose of sale tax and sale tax will be recovered on such sale.

CLAUSE-51 The contractors are bound to pay the labours, according to the minimum wages Act, 1948 as amended from time to time, applicable to the zones in accordance with the order issued in Govt. PWD "Circular No. NWS-10 dated 5/12/1958. Any differentiation in the type of zone shall not entitle the contractor for any claims.

CLAUSE-52 The contractor/s has/ have to furnish income tax clearance certificate before his tender is accepted and income tax assessment. no. and date on which he / they is / are assessed should be given.

CLAUSE-53 The contractor shall duly comply with all the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) and the Maharashtra Contract Labour (Regulation and Abolition) Rules, 1971 as amended from time to time and all other relevant statutes and statutory provisions concerning payment of wages, particularly to workmen employed by the contractor working on the site of the work. In particular the contractor shall pay wages to each worker employed by him on the site of the work at the rates prescribed under the Maharashtra Contract Labour (Regulation and Abolition) rules 1971. If the contractor fails or neglects to pay wages at the said rates or makes short payment and the Government makes such payment of wages in full or part thereof less paid the contractor, as the case may be the amount so paid by the Government to such workers shall be deemed to be arrears of land revenue and Government shall be entitled to recover the same as such from the contractor or deduct the same from the amount payable by the Government to the contractor here under or from any other amounts payable to him by the Government (Minimum wages act as per Govt. circular No. CAT-1284 (120)/Bldg. 2. Dt. 14.8.85)

CLAUSE-54 The Rate to be quoted by the contractor must be inclusive of Sale Tax. No extra payment on this account will be made to the contractor.

CLAUSE-55 All amounts whatsoever which the contractor is liable to pay to the Government in connection with the execution of the work including the amount payable in respect of (i) Material and or stores supplied/issued here under, (ii) Charges in respect of heavy plant

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 93 machinery and equipment given on hire by the Government to the contractor for execution by him of the work and or on which advances have been given by the Government to the contractor shall be deemed to be arrears of the Land Revenue and the Government may without prejudice to any other rights and remedies of the Government recover the same from contractor as arrears of land revenue, (vide P.W. & H. Dept No. CAT/1274/4064/DESK-2 dated7/12/1976)

CLAUSE-56 The contractor shall engage apprentice such as brick layer, carpenter, wireman, Plumber as well as blacksmith as recommended by the State Apprenticeship Advisor Director for Technical Education, Dhobi Talao, Mumbai-1 on the Construction work. (As per Govt. of Maharashtra Education Department No.TSA/5170 T 46689 Dated 7/7/72) CLAUSE-56 (A)

A contractor shall comply with the provisions of the Apprentices Act at, 1961 under rules orders issued form time to time. If he fails to do so his failure will be a breach of the contract and the Superintending Engineer, may in his discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability rising on account of any violation by him of the provision of the Act. (NO. AT S7107/T/447125 DATED 20/7/1976 of Director of Technical /Education an Sate Apprenticeship adviser M.S.Mumbai.)

CLAUSE-57: SALE TAX / VAT

The tendered rate shall be inclusive of all taxes, and ceases and shall also be inclusive of the levies in respect etc., of works contract under the provisions of the Maharashtra Sales Tax on transfer of property in goods involved in the execution of Works Contract Act, 1985 (Maharashtra Act No. XXVL of 89) As per GR. PWD No CAT/1096/CR-172 Bldg-2 dated 20.04.1998) VAT @ 2% of the gross value of the work done should be deduct from the R.A. Bills and 4% shall be deducted from those who are not registered under VAT (As per G.R. PWD No. B.D.G.2005 / CR-324 / building -2, Mantralaya, Mumbai, Dated 3 March 2006).

CLAUSE-58: ANTI-MALARIA

A) The anti-malaria and other health measures shall be as directed by the Joint Director (Malaria and Filaria) of Health Service, Pune.

B) Contractor shall ensure that mosquitogenic conditions are not created so as to keep vector population to minimum level.

C) Contractor shall carry out anti-malaria measures in the area as per guidelines prescribed under National Malaria Eradication Programme and as directed by the Joint Director (M & F) of Health Service, Pune.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 94 D) In case of default in carrying out prescribed anti malaria measures resulting in increase in malaria incident contractor shall be liable to pay to Government on anti malaria measures to control the situation in addition to fine.

E) Relations with Public Authorities The contractor shall make sufficient arrangements for draining ways the sullage water as well as water coming from the bathing land, washing places and shall dispose off this water in such a way as not to cause any substance. He shall also keep the premise clean by employing sufficient number of sweepers. The contractor shall comply with all rules, regulations, bye-laws and directions given from 'time to time by any local of public authority in connection with this work and shall pay fees or charges which available on him without any extra cost to Government. (As per Govt. of Maharashtra PW Dept. Circular No. CAT/1086/CR- 243/D Blg- Dated 11/9/87)

CLAUSE-59

The work is likely to be in progress departmentally and quantity put to tender shall be reduced to the extent of the work is done by Department up to the date of starting the work by the contractor. No clam due to deduction in quantity on this account will be entertained.

CLAUSE NO 60

¶ÉÉºÉxÉÉSªÉÉ / ¶ÉÉºÉxÉÉSªÉÉ +ÆMÉÒEÞòiÉ ={ÉGò¨ÉÉSªÉÉ ºÉÆ¤ÉÆvÉÉiÉÒ±É EÆòjÉÉ]õÉSªÉÉ ºÉÆnù¦ÉÉÇiÉ EòÉ¨ÉMÉÉ®ú ¦ÉÊ´É¹ªÉ ÊxÉ´ÉÉÇ½þ ÊxÉvÉÒ +ÊvÉÊxÉªÉ¨É iÉ®úiÉÚnùÒxÉÖºÉÉ®ú EÆòjÉÉ]õnùÉ®úÉ±ÉÉ xÉÉånùhÉÒEÞòiÉ +ºÉhÉä VÉ°ü®úÒSÉä +É½äþ. iÉºÉäSÉ EòÉ¨ÉMÉÉ®ú ¦ÉÊ´É¹ªÉ ÊxÉ´ÉÉÇ½þ ÊxÉvÉÒ +ÊvÉÊxÉªÉ¨ÉÉxÉÖºÉÉ®ú iªÉÉÆxÉÒ ¦ÉÊ´É¹ªÉ ÊxÉ´ÉÉÇ½þ ÊxÉvÉÒiÉ +É´É¶ªÉEò iÉÉä ¦É®úhÉÉ Eäò±Éä±ÉÉ +É½äþ ´ÉÉ EòºÉä ªÉÉ ¤ÉÉ¤ÉiÉ EÆòjÉÉ]õnùÉ®úÉxÉä ºÉIÉ¨É +ÊvÉEòÉ-ªÉÉSÉä +É´É¶ªÉEò iÉä |É¨ÉÉhÉ{ÉjÉ ºÉÉnù®ú Eò®úhÉä VÉ°ü®úÒSÉä +É½äþ.

CLAUSE NO 61

CONDITION RELATING TO INSURANCE OF CONTRACT WORK Contractors shall take out necessary Insurance policy/ policies so as to provide adequate insurance cover for execution of the awarded contract work from the Director of Insurance, Maharashtra State, Mumbai- 400051 only. It’s postal address for corresponderce is “264” MAHADA Opp Kalanagar, Bendra (East) Mumbai 400051. (Tel. No -6438403 (Fax ) 6436461/6438692. Similarly all workmen appointed to complete the Contract work are required to insure under workmen ‘s compensation insurance policy/policies taken out any other company will not be accepted.If any contractor has not taken out the insurance policy from the director of insurance, Maharashtra State, Mumbai or has effected insurance with any insurance company, the same will not be accepted and 1% of the tendet amount or such amount of premium calculated by the Government Insurance Fund will be recover directly from the amount payable to the contractor for the executed contract work and paid to the director of insurance , Maharashtra State Mumbai, Directorate of insurance reserve the right to distribute the risk of insurance among the other insures.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 95 CLAUSE NO 62.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ, =nùªÉÉäMÉ, >ðVÉÉÇ ´É EòÉ¨ÉMÉÉ®ú Ê´É¦ÉÉMÉ, ¨ÉÆjÉÉ±ÉªÉ, ¨ÉÆÖ¤É<Ç ªÉÉÆSÉä {ÉjÉ VÉÉGò ¤ÉÒVÉÒB- (<¨ÉÉ®úiÉ) 2009 /|ÉGò -108/EòÉ¨ÉMÉÉ®ú-7 +, Ënù.03/07/2010 ´É ¶ÉÉºÉxÉ ¤ÉÉÆvÉEòÉ¨É ºÉÉ´ÉÇVÉÊxÉEò ¤ÉÉÆvÉEòÉ¨É Ê´É¦ÉÉMÉ, ¨ÉÆjÉÉ±ÉªÉ, ¨ÉÖÆ¤É<Ç ªÉÉÆSÉäEòb÷Ò±É VÉÉGò ºÉÆÊEòhÉÇ -10/09/|ÉGò-277/<¨ÉÉ®úiÉÒ 2, Ênù.17/08/2010 +x´ÉªÉä <¨ÉÉ®úiÉ ´É

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 96

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 97

SECTION V

SPECIAL CONDITIONS OF CONTRACT

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 98

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 99

SPECIAL CONDITIONS OF CONTRACT

1. CONTRACTOR TO INFORM HIMSELF FULLY: The contractor shall be deemed to have carefully examined the work and site conditions, the special conditions, the — specifications, schedules and drawings and shall be deemed to have visited the work site, his own quarries for rubble and sand and to have fully informed himself regarding the availability of construction materials, local conditions, ancillary works required to be done etc. before quoting the offer.

If he shall have any doubts as to the meaning of any portion of the special conditions or the scope of work or the specifications or any other matter concerning the contract, he shall in good time set forth the particulars thereof and submit them to the Engineer-in-charge. The Engineer-in-charge generally means the Executive Engineer directly in charge of the work, but also means the Superintending Engineer, Chief Engineer of Department, for-exercising powers under this contract.

2. CONTRACT DRAWINGS AND SPECIFICATIONS: The Drawings attached to this tender are tentative. These drawings are likely to charge as per C.D.O. standards. The contractor has to execute the work as per C.D.O. finalized drawings.

2.1 The drawings attached to this tender are tentative. These drawings are to charge as per C. D. O. standards. The contractor hoes to execute the warm as per CDO linseed drawings. On acceptance of the tender, three sets of contract drawings and working drawings as well as one certified copy of the accepted tender will be supplied to the contractor free of charge within one week. On request by the contractor and at the discretion of Engineer-in-charge, the contractor may be supplied additional copies of contract documents to be charged at the rate of Rs. 3000/- (Rs. Three thousand only) per set.

2.2 The drawings, which form, part of this contract show the works to be done in such details as possible to do for the present. They will be supplemented or superseded by such additional detailed drawings as may be necessary as the work progresses. The contractor shall carry out the work in accordance with these additional and / or revised drawings as the case may be at the applicable rates as per the contract. The contractor shall be supplied a maximum number of three copies of each of the such working drawings free of charge. Should the contractor require any additional copy for his use, the same may be supplied at the discretion of Engineer-in-charge and the contractor will be charged RS. 500/- per set of contract drawings and Rs.100/- for each of such additional copy of each drawings.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 100 2.3 The contractor shall check all drawings carefully and intimate the Engineer-in- charge immediately any errors or omissions discovered. The contractor shall not take advantage of any kind of errors or omissions in the drawings supplied.

3. DATA AND DRAWINGS TO BE FURNISHED BY THE CONTRACTOR: a) Prior to the commencement of the work, the contractor shall submit to the Engineer- in-charge for approval, drawings or prints on white ammonia paper of size 1020 mm x690 mm or 510 mm x 345 mm as may be suitable in triplicate showing the location of major plant workshop, if any, roadways, temporary bridges, unloading facilities and storage yards, etc. which he proposes to put up at the site. b) Then contractor shall submit to the Engineer-in-charge for approval within one month from the date of his receiving notice to .start work, a layout plan of construction plant and equipment for the execution of the work, which the contractor proposes to adopt at site. c) Any changes in the approved layout will be subject to further approval. d) The approval of the drawings, however, will not relieve the contractor of his responsibility from any errors or omissions.

4. ERRORS, OMISSIONS, DISCREPANCIES: a) In case of errors, omissions and / or disagreement between written and scaled dimensions on the drawings or between the drawings and specifications, the following orders of preference shall apply.

i) Between actual scaled and written dimensions or description on drawing and corresponding one in the specification, the latter shall be adopted.

ii) Between the quantities in the schedule of quantities and those arrived at from the drawings, the former shall apply.

iii) Between the written description of the item in the schedule of quantities and the detailed specifications of the same item, the latter shall be adopted. b) The information in connection with the works and work site as well as specifications are contained in this book of contract in general and in particular in two parts, viz. Special conditions and specifications for item of work. In case of any discrepancy or repugnancy in the clauses in these sections, the specifications will prevail over special conditions. c) The special conditions of contract and the specifications shall prevail over various clauses of B-1 tender form.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 101 d) In all cases of omissions and / or doubts or discrepancies; in the dimensions or description of any item, a reference shall be made to the Engineer-in- charge whose elucidation, elaboration or decision shall be considered as authentic and final subject of the Clause 30 of B-1 form. The Contractor shall be held responsible for any errors that may occur in the work through lack of such reference and precaution.

5. USE OF SITE: a) All land required shall be arranged by the contractor from private landowner / Revenue department at his owns cost and no claim on this account shall be entertained. b) All areas of operation, including those of his staff and labour colonies, in case handed over to the Contractor shall be cleared and handed over back in good condition to the Engineer-in-charge, except the areas under works constructed from the Engineer-in-charge. The contractor shall make good, to the satisfaction of the Engineer-in-charge, any damage or alterations made to areas, which he has to hand over back or to other property or land handed over to him for the purpose of this work. c) The lands shall as herein before mentioned be handed over back to the Engineer-in- charge within three months after the completion of the work under this contract or the termination of the contract whichever is earlier. Also no land shall be held by the Contractor longer than the Engineer-in-charge shall deem necessary and the Contractor shall, on due notice by the Engineer-in- charge vacate and return the land which the Engineer-in-charge may certify as no longer required by the Contractor for the purpose of the works. In case the lands are not handed over back to the Corporation within the time limit, specified above, penal rent as may be decided by the Engineer-in-charge will be recoverable. d) The vegetation and forest is noticeable in project area. The contractor should take utmost care for the preservation of this vegetation and forest. Any damage in this vegetation and forest will have to be compensated by the contractor and decision from Engineer-in-charge wilI be final and binding on contractor.

6. CONTRACTOR NOT TO DISPOSE OFF SOIL ETC. : The contractor shall not sell or otherwise dispose off or remove except for the purpose of this contract, sand, stone, clay, ballast, earth rock or other substance or materials which may be obtained from the excavation made for the purpose of this contract or any produce from the site. All such substance, materials and produces shall be the property of Corporation and shall be disposed off in a manner and at a place shown in the drawings or as and where the Engineer- in-charge may direct.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 102

7. GOLD / SILVER, MINERALS, OILS, RELICS, ETC. FOUND ON THE SITE All gold, silver, oil or other mineral of any description and all precious stones, coins treasure, relics, antiquities and other similar things which shall be found in or upon the site, shall be property of Corporation and the Contractor shall duly preserve the same to the satisfaction of the Engineer-in-charge and shall from time to time, deliver the same to such person or persons as the Engineer-in-charge may appoint.

8. ACCESS TO SITE AND WORK AND CO-OPERATION WITH OTHER CONTRACTORS : The Engineer-in-charge may, if he considers fit, from time to time, enter on any lands which may be in the possession, of the Contractor under the contract for the purpose of executing any works not included in the contract and may execute such works not included in this contract by agents or by other contractors at his option and the contractor shall in accordance with the requirements of Engineer- in-charge afford all reasonable facilities for execution of the works, including occupation of lands by structures or otherwise to any other contractor employed by the Corporation and his workmen or for the workmen of the Department who may be employed in the execution on or near the site of work not included in the contract, or of any contract in connection with or specially to the works and in default, the contractor- shall be liable to the Department for any delay or expenses incurred by reason of such default. The contractor shall not however, on account of any such modified, new or extra work executed by or for the sake of the Corporation be entitled to claim relief from the obligation to execute the works. The contractor shall also co-operate with other contractors with all fairness and mutual understanding and use foe common facilities like access roads to quarries, water supply arrangements etc.

The contractor shall also not cause advertently or inadvertently any obstruction or impediments in the progress of the other works being executed by Corporation or“ through other agencies. In the event of dispute regarding the claim, the responsibility, liabilities etc. in respect of such facilities, the decision of the Engineer-in-charge shall be final.

9. CLEANING UP: a) The contractor shall at all times keep the construction areas and his colony and storage free from accumulation of waste or rejected materials. b) Prior to the completion of the work, the contractor shall remove all rubbish from and around the premises and all tools, scaffolding equipment and materials which are not part of permanent structures except otherwise asked for or as provided under any

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 103 other clauses of this contract, the premises will be left in a manner fully satisfactory to the Engineer:-in-charge.

10. LAYOUT OF CONSTRUCTION ROADS: The contractor shall have to submit detailed plan to the Engineer-in-charge, showing the layout of the work site, roads and approach roads proposed by him, before he starts the actual work. Such a road layout plan will be scrutinized by the Engineer-in-charge and any modifications suggested by him will be binding on the contractor. If it is decided by the Engineer-in- charge to have some of the roads proposed by the contractor as common roads for common use of Department and other contractors or convenient and for compact and planned layout of work site, the contractor will be bound to construct them and allow them to be used simultaneously by other contractors and departments. In case of disputes, the decision of the Engineer-in-charge shall be final and binding on the contractor. Such roads shall be constructed by the Contractor at this own cost.

11. PERIOD AND HOURS OF WORK: The work shall be done usually during the day time. In the interest of progress if it is felt necessary to work during night, the contractor shall obtain specific permission of the Engineer-in-charge. If the work is to be done at night, prior permission of Engineer-in-charge should be obtained and adequate lighting arrangement shall be made as directed by the“ Engineer-in- charge.

12. SIGNING FIELDS BOOKS, LONGITUDINAL SECTIONS, CROSS SECTIONS AND MEASUREMENT BOOKS:

12.1 Before starting the work, and at the end before the work is covered, levels for plotting the longitudinal section (along the axis as decided by the Engineer- in-charge or his authorized representative) and cross sections of the portion of the work shall be taken by the Engineer-in-charge or his duly authorized representative and the contractor shall sign the same in token of acceptance. If the contractor fails to sign them the measurements recorded by the Engineer-in-charge or his representative in the authorized books shall be final and binding on the contractor. For this purpose, suitable date or dates shall be fixed by the Engineer-in-charge and intimated to the contractor at least three days in advance. If the contractor or his duly authorized agent fails to attend on the appointed date or dates, the levels shall be taken in his absence and such levels and longitudinal sections and cross sections based thereon shall be final and binding on the contractor. The levels will be taken on such alignment and cross sections as will be useful for reference permanently and described under specifications for ”Excavation‘. The point of locations for the level

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 104 will depend upon the roughness of the area and will also be at least in conformity with the requirements of specifications for ”Excavation‘ as far as possible.

13. PROGRAMME OF CONSTRUCTION: Work and Progress Schedules: The construction Programme is given in Annex”A‘to Section I -Detailed Tender Notice / enclosed at the end of Schedule”B‘of tender document based on which the physical Programme is prepared. If the tenderer does not agree with this Programme, the shall submit his own Programme without changing total period of tender along with tender documents inclusive of the physical Programme as stated above, subject to the provision that 50% of the work shall be completed in 50% of the contract period.

In case, it is subsequently found necessary to alter this Programme agreed in contract document, including the changes in the sequence of the items, the contractor shall submit in good time a revised Programme incorporating necessary modifications proposed and get the same approved from the Engineer-in-charge.

Additional detailed Programme for each working season, beginning from October, showing the progress to be achieved month by month for controlling items shall also be submitted to the Engineer-in-charge not later than the 31st August- proceeding the working season and got approved. The Engineer-in-charge is further empowered to ask for more detailed Programme, say week by week, for any items of special importance, and Contractor shall supply the same as and when asked for without delay .

The submission of the works Programme and approval to it by the Engineer- in- charge shall not relieve the contractor of any of his duties or responsibilities under the contract, like timely completion, the damages due to flood or other natural calamities etc. The contractor shall not be entitled for any claims for any damages caused, due to particular works Programme. It is the entire responsibility of the contractor to frame the Programme after anticipating the rains, floods etc. Actual work turned out shall be mainly taken into account and not just the sum total of the various payments made to the contractor. The‘ advance on the material brought to the site of work will be accounted for while arriving at the progress achieved by the contractor in terms of proportions of the total work tendered for.

14. MATERIALS: a) Cement: (Procured by contractor)

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 105

The cement shall conform to I.S. 269-1967 and subsequent revisions for Portland cement and I.S. 1489-1796 and subsequent revisions for Pozzolona cement.

All cement required for the work under the contract (if work cost is more than RS. 100 Lacks) shall be procured, well in advance by the contractor in polythene bags of twenty to a metric tone as received from the cement factories. The. Cement bags shall be branded by words ”GOVERNMENT OF MAHARASHTRA‘ with 80-mm high and 15-mm thin letters on one side of the bag. The contractor shall by written application collect the authorization letter indicating contract number, quantity of cement, from the Engineer-in-charge to the Corporation approved cement factory, from where the contractor intends to purchase the cement to brand the cement bags as stipulated above. Following cement factories have been approved by the Department. (1) ACC Ltd., (2) Ambuja, (3) Altra tek, (4) Narmada, (5) Rajashree The contractor shall produce proof of purchase of cement from the cement factories. The purchase bill supported by Delivery Challan and Excise Gate Pass shall constitute adequate proof of purchase. Testing of cement shall be done by Contractor at his own cost.

Cement shall be stored in such a way as to allow the removal and use of cement in chronological order of receipt i.e. first received being first used.

Cement shall be kept in a store under double locking arrangement one lock to be operated by contractor and second lock to be operated by the authorized person of Corporation) so that it can be taken out or fresh stock admitted with the knowledge of supervising staff of the Corporation. The watch and ward of the cement stores shall be the responsibility of the contractor.

In the event of cement in branded bags remaining surplus due to authorized reduction in quantity of work certified by the Engineer-in-charge and as noticed after the issue of completion certificate, the contractor may choose either of the following three alternatives :

1. To transfer the cement in branded bags, with prior written permission from the Engineer-in-charge, to any of the contract work with the Government of Maharashtra and account for the same therein.

2. To sell the cement in branded bags with prior written permission from the Engineer- in-charge, to any of the contractors carrying out the works on contract with the Department at a price to be negotiated by both the contractors and account for the same.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 106

3. To sell the cement in branded bags with prior written permission from the Engineer- in-charge, to the Government of Maharashtra at the Ex-Factory Price + Sales Tax + Octroi, if any + delivery at Government of Maharashtra godown as directed by the Corporation. If the purchase price paid by the contractor plus delivery at Department godown is less than the above; the lower of the two shall be considered. The Department will accept the cement in branded bags only if the same is as per the specifications and of acceptable quality. For works costing less than RS. 100 Lacks, cement shall be supplied by Department at the rates and places of delivery as specified in Schedule”A‘.

WEIGHING ARRANGEMENT: The arrangements for weighing of shall be made by the contractor at his cost and as approved by Engineer in charge. Maintenance of this arrangement in good condition to permit accurate weighing at all items. Periodic calibration of the weighing equipment as per the periodicity and procedure prescribed by Engineer in charge shall be made by the contractor at his cost.

The material to be used on works, such as cement, ”sand, aggregates, water and admixtures etc. in the preparation of mortar and concrete of various grades, shall, be weigh batched and for this purpose necessary arrangements e.g. weigh botching equipment shall be made and maintained by the contractor at his cost. This equipment shall be maintained in good working condition so as to permit accurate weigh botching at ail times and shall be calibrated at such periodically and as per procedure which shall be get approved by the contractor from Engineer in charge.

b) Steel : ( Procured by contractor)

Steel required for the work under the contract (if the work cost is more than 100 Lacks) shall be procured well in advance by the contractor.

A. The Contractor shall procure reinforced steel from the market. Rolled steel are not accepted The contractor shall make necessary arrangement at his own cost for sample from the available stock and shall conform with the specifications laid down by the Bureau of Indian standards (vide their specification Nos. I.S. 432 (Part - 1) of (1966, 1139- 1966, 1786-1979). is 1786-1985 for steel and is 432.2000 for mild steel

B. The contractor should store the steel of 60 days requirement at least one month in advance.

C. The contractor will have to construct sheds for storing steel having capacity not less than the steel required for 90 days use at approved location. The Engineer-in-charge or his representative shall have free access to such stores at all times.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 107

D. The contractor shall further, at all times satisfy the Engineer-in-charge on demand, by production of records and books or by submission of returns and other proofs as directed that the steel is being used as tested and approved by the Engineer-in- charge for the purpose and the contractor shall at all times keep his records up-to- date to enable the Engineer-in-charge to apply such checks as he may desire.

E. 1) For bar diameters 22 mm and above, the steel should be procured from one of the main producers only (SAIL, TISCO, RINL-VSP) with test reports in the format in Technical Specifications.

2) In respect of bar diameters from 6 mm to 20 mm the steel manufactured by ISI approved rolling mills can be accepted along with the supply of main producers like SAIL, IISCO, TISCO, RINL-VSP provided the third party inspection is carried out and test certificate for the‘ steel supplied by the convergent Agent and ISI approved re-rolling mill, as given in para F below.

F) Quality of Supply & Testing:

1) All material supplied shall be strictly as per specification laid down and in strict accordance with and as per I. S. I. Standard and the test shall give results on parameters and recommendation as below. (TECHNICAL SPECIFICATIONS OR STEEL)

2) The contractor should submit the test certificates / report (as detailed above from ten Manufacture‘s from whom the supply is effected for respective quantity of material i. e. convergent Agent / ISI approved rolling mills.

3) District quality control laboratory Ahmednagar

All the test viz. For parameters (listed in Technical Specifications) as specified in the relevant Indian Standards shall be carried out by Third Party Inspection and reports should be produced. For M.S. Rounds (IS : 2062 Grade ”A‘) and Torsteel / CTD Bars (IS : 1786), the physical and chemical testing should be witnessed by the Inspector of Third‘ Party Inspecting Agency and Approval Note should be given truck / trailer - wise by the Third party Inspect- ing Agency. All the charges for the same shall be borne by the Contractor.

4. The Quality Control Unit / Division / Circle may all for the reports as in 1 to 3 above. The same should be produced by the concerned.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 108 15. LABORATORY FOR TESTING WORK: Whenever the testing of materials, concrete mixes, mortar and also of foundations & masonry of completed works are required as per the detailed specifications or otherwise required by the Engineer-in-charge, the same shall be carried out at the laboratory, selected by the Engineer-in-charge at Department cost and the results given by this laboratory shall be considered correct and authentic by the contractor.

The materials, mixes and any other arrangements, including laborers, shall be supplied by the contractor to the Contractor‘s free of cost. The samples for testing shall be taken in the presence of Engineer-in-charge or his representative present on site. The contractor or his authorized representative shall have a free access in these laboratories, to get himself satisfied about procedures of testing etc. Even if the contractor or his representative fails to remain present while collecting samples or testing the results will be considered as authentic and binding on the contractor.

16. HIRE OF CONSTRUCTION EQUIPMENTS: Construction equipment owned by the Department if available and can be given on hire conveniently will be made available on specific request, to the contractor at rates that will be prescribed by Department from time to time. Supervision charges will also be levied as prescribed by the Corporation from time to time. The contractor shall executive the agreement bond as prescribed by the Department, and shall agree to the specific rates of hire and supervision charges in force on the day of transaction in writing before machinery is taken out of the Department yard by him. The contractor shall pay irrevocable bank guarantee for a value equal to 25% of the cost of the similar new machinery; for a period equal to period of hire plus three months. Some such items of equipment are indicated below.

Rated Equipment

i) Tankers

ii) Diesel road rollers

iii) Tippers

iv) Dozers

v) Loader

vi) Seismopactor

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 109

The machinery shall be entirely in the custody of the Department. It shall be issued to the Contractor at the yard where they are stationed. The machinery will not be allowed to leave the work area on any account. All machinery so hired will be entirely operated and maintained by the Department in consideration of the hire charges to be paid by the contractor.

If any equipment is to be used in excess of 8 (eight) hours per day, permission of the Engineer-in-charge shall be obtained in advance.

Reckoning of working hours will start from the time the machinery leaves Department yard, where it has to return to it daily, and in other cases, when the machinery actually starts working. Closing time of working will be when it returns to the Corporation yard or actually ceases working for the day, respectively.

Log books shall be maintained by the Engineer or his authorized representative for each piece of equipment in the form laid down by the Engineer. The Contractor or his duly authorized agent shall verify and sign in the log book or on the machinery duty slip in lieu thereof, daily. If the contractor‘s representative fails to sign the log book, the entries made by the corporation‘s representative, shall be binding on the contractor. Any complaint or representation regarding the recorded working hours must be submitted in writing within 24 (twenty-four) hours of the close of the shift. The Engineer ‘s decision grading such disputes Pertaining to working hours shall be final and binding on the Contractor. Complaints or representations made after lapse of 24 (twenty-four) hours limit shall not be considered. The logbooks shall form the basis for raising debits against the Contractor.

All expenses in respect of oil, fuel, grease, c6tton waste etc. shall be borne by the Corporation. Crew for operating the equipment shall be provided by the Corporation.

All minor and major repairs shall be carried oat by the Department to keep the equipment in working condition. However, in case of any breakage, damages, slips etc. which may occur due to the negligence of contractor‘s labour equipment or staff or by reason, for which Department personnel are not responsible, the cost of such damages shall be recovered from the ”contractor. The decision regarding fixing or responsibility for any damages shall rest with the Engineer-in-charge and decision given by him shall be binding on the Contractor.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 110 Equipment shall be given on hire only when these can be spared. No claim on account of sickness or non-availability of machinery shall be entertained.

In case of damages to the equipment during haulage to site of work from Department stores or servicing yard, full cost of repairs shall be recovered from the contractor when damage is due to rough handling. That damage to trucks / tippers due to bad haulage roads will also be recovered from the contractor. Decision of the Engineer- in-charge regarding of repairs and cause of damage shall be final and binding on the contractor.

A truck, tipper, tanker and any other equipment may be hired for a single day at a time and the minimum charges to be levied will be 8 (eight) hours plus mileage or for 8 (eight) hours when Mileage is not applicable.

Compressor and concrete mixers shall not be hired for less than a day time and minimum charges for hire will be that for four hours per day. Crusher shall not he hired for a period less than a month, at a time. The minimum charges for hire will be those for 25 (twenty-five) day and 8 (eight) hours per day.

17. BILLS AND PAYMENTS :

1) Only one running payment in a month will be permitted. Bill shall be submitted by the contractor by 10th day of the month, payment of this bill shall be effected as stated in Clause 10 of B-1 form.

Non-submission of the bill on the scheduled dates may absolve the Department of the liability to make payment.

2) The format of running bill on which the bills are to be submitted by the contractor will be supplied to the contractor by the Department. Printed copies of the bill forms as per this format shall be arranged by the contractor at his cost. The bills in five copies shall be submitted to the concerned Deputy Engineer, in the standard proforma only.

3) The final bill shall be submitted within one month of the date of issue of completion certificate. The final bill shall be paid within six months of initial submission.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 111 18. SECURITY DEPOSIT : The security deposit accumulated from deductions from the running account bills may from time to time and at any time, on application by and at the cost of the Contractor, be converted into interest bearing Department securities, approved by and in the name of the Government of Maharashtra Should the market value of the securities fall, for any reason whatsoever below that specified, the contractor shall make good the same in cash or as may otherwise be acceptable whenever called upon to do so or to replace the security in other acceptable form to the Engineer-in-charge.

The Contractor shall bear all charges for commission and brokerage incidental to the purchase, safe custody, withdrawal and collection of interest on these securities.

19. NO INTEREST ON MONEY DUE TO THE CONTRACTOR: No omission by the Engineer to pay the amount due upon measurements or otherwise shall vitiate or make void the contract nor shall the contractor be entitled to interest on any guarantee bond or payment in arrears nor on any balance which may on the final settlement of his account be found due to him.

20. OTHER CONTRACTOR FOR THE WORK: Department has the right to split-up the project work detailed in the Work and Site Conditions, into distinct items and this contract shall apply only to those items which shall have been specified in this contract. Should Department enter into agreement with other contractors for specified items of the project work each contractor shall co-operate with others to the fullest extent and shall allow others every facility and Department for execution of their works simultaneously and satisfactorily, as intended in the designs, specifications and drawings.

Should there be a dispute or disagreement between the contractors for any cause whatsoever, the same shall be referred to the Engineer-in-charge whose decision regarding the co-ordination, Department and facilities to be provided by any of the contractors to others shall be final and binding on all parties and such a decision or decisions shall not vitiate any contract nor absolve the contractor of his responsibilities under the contract nor form the grounds for any claim of compensation.

21. CONTRACT DOCUMENTS AND MATTERS TO BE TREATED AS CONFIDENTIAL : All documents correspondence, decisions and other matters concerning the contract shall be considered as of confidential and restricted nature by the contractor and he shall not divulge or allow access thereto to any unauthorized person.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 112 22. ACCESS TO THE CONTRACTOR‘S BOOKS : Whenever it is considered, necessary by the Engineer-in-charge to ascertain the actual cost of execution of any particular item of work or supply of plant or material he shall direct the Contractor to produce the relevant documents, such as payrolls, records of personnel, invoices of materials and any and all other data and documents relevant to the item or necessary to determine its cost etc. and the contractor shall when so required furnish information, pertaining to the aforesaid items in the mode and manner that may be specified.

23. BREACH ON PART OF GOVERNMENT OF MAHARASHTRA NOT TO ANNUAL CONTRACT No breach or non-observance on the part of Government of Maharashtra of any of the conditions contained herein shall annual this contract or discharge the Contractor from the observance and performance thereof, but on application to the Engineer-in- charge, an extension of time may be given to the Contractor in respect of such breach or non-observance by the Government of Maharashtra, which shall be governed by Clause 6 of B-1 form.

The Contractor shall not, however, be entitled to consideration or any extension of time for any item of the work unless the contractor shall have made an application in writing to the Engineer-in-charge within one month of the arising of the cause needing such extension, but the Engineer-in-charge may at his discretion, which shall be conclusive, waive the condition regarding this period of one month.

24. LOCAL LAWS: All local laws in force at the time of entering into the contract and those enacted thereafter shall be binding on the Contractor and he shall abide by the same.

All import and excise duties, sales tax, local panchayat tax and other taxes shall be borne by the Contractor and they shall be deemed to have been covered by his quoted tender rates, except that the contractor shall not be liable to any land tax foe the land handed over to him for the operation in connection with this contract or for his colony or appurtenant works constructed by him for the purpose of this contract.

The contractor shall also be liable to all relevant provisions of the Indian Income Tax Act, which may be applicable to him from time to time.

The contractor shall protect and indemnify Department against all claims or liabilities arising from or based on .the violation of such laws, ordinances, regulations, by laws by him or his employee.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 113

25. PERSONNEL OF THE CONTRACTOR : The Contractor shall, at all times, maintain on the work, a staff of duly qualified engineers and supervisors of sufficient experience of similar other jobs, to assure that the quality of work turned out shall be as intended in the specifications. The Contractor shall also maintain at the work, a Works Manager of sufficient status, experience and office, and duly authorize him to deal with all aspects of the day to day work. All communications to and commitments by this Works Manager shall be absolutely binding on the Contractor. The Contractor shall supply to the Engineer-in-charge details of names, qualifications and experience in regards to all supervisory staff employed by the Contractor and notify changes when made, and satisfy the Engineer-in-charge regarding the quality and sufficiency of staff tf us employed.

The Engineer-in-charge will have the unquestionable right to ask for changes in the quality and number of contractor‘s staff. The contractor shall on the written directives of the Engineer-in-charge, remove from the works any person employed thereon, who may in the opinion of the Engineer-in-charge be incompetent or has misconduct himself. Such person shall not be employed again, on the work, without the written permission of the Engineer-in-charge. The contractor shall have to submit information regarding proof of payment of Professional Tax and the clearance certificate in format vides Appendix T.

26. DEATH, BANKRUPTCY ETC. : If the contractor shall die or commit any act of bankruptcy or being a corporation, commences winding up except for re-construction purposes or carry on its business under a receiver, the executors, successors or other representatives in law of the estate of the contractor or any such receiver, liquidator or any person whom the contract may become vested, shall forthwith give notice thereof in writing to the Government of Maharashtra and shall for one month, during which he shall take all reasonable steps to prevent a stoppage of work, have the option of carrying out this contract subject to his or their providing such guarantee as may be required by the Department but not exceeding value of the work for the time being remaining unexecuted. In the event of stoppage, of work, the period of the option under, this clause shall be fourteen days only. Should the above option be not exercised, the contract may be terminated by Corporation, by a notice in writing to Contractor or his successor. The power and provisions reserved to Department in this contract of taking of the work out of the Contractor‘s hand shall immediately become operative. Copy of such notice shall be pasted on work site and advertised in newspaper.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 114 27. NOTICES, HOW TO BE GIVEN : Where any legal or other notice or any other document or any other direction is to be given to or served upon the Contractor, it shall be deemed to be duly given or served, if it shall have been either delivered to him personally or to his recognized agent or Works Manager (including in the case of company, the Secretary of such Company) or delivered at or sent through ‘the post, addressed to the last known place of business, or abode of the Contractor, a notice or other documents which shall be so given to or so served on any one of the partners in such firms, shall be deemed to have been given or served on all of them.

Work order Book: The Contractor shall maintain bound work order book at work site as the Engineer-in-charge may direct. This work order book shall have machine numbered pages in triplicate. The contractor shall make them available to the Engineer-in-charge or his representative, whenever called for.

Executive Engineer or his representative may record order about works, in this book, leaving the original copy in the book and removing the second and third copy with him. The contractor or his authorized representative shall also sign this work order, in token of its acceptances.

All orders recorded in these work order book, shall be deemed to have been served on the contractor. On completion of the work all the work order books may be handed over to the Executive Engineer.

In the event of refusal of the Contractor‘s representative on the spot to sign the work order book, Engineer-in-charge shall take the necessary further steps in respect of further communication and control, modification or stoppage of work as deemed fit at the entire responsibility of the contractor.

28. PASSING OF FOUNDATION ETC: After the completion of the work of excavation, the same will be checked and passed by the Executive Engineer. No masonry or concrete or back filling shall be laid unless the foundation is so passed. No concreting shall commence unless the centering and the re- enforcement is checked and passed by the Engineer-in-charge.

29. REFERENCE TO STANDARD SPECIFICATIONS : The specifications of the work as enclosed with this contract document are drawn with a specific reference to site conditions and do not every where include the details of the standard test and procedures which are already laid down and available in the current Indian Standard Specifications. Whenever such details are not specified in this contract, the provision under current Indian Standard Specifications and / or the Standard Specifications (1970) of the Government of Maharashtra shall be deemed to be applicable.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 115 30. COMMUNICIATIONS AND NOTICES BY CONTRACTORS : All communications and / or notices pertaining Jo works and concerning matters, such as passing and approving of foundation, reinforcement and formwork, measurements, mark cuts, etc. shall not be addressed by the Contractor to an Officer below the rank of Sub- Divisional officer. All such notices communications, etc. shall be addressed in good time so as not to hold up the work.

31. NON-COMPLIANCE OF CONTRACT CONDITIONS: If the contractor shall neglect or fail to proceed with the works, with due diligence or he violates any of the provisions of the contract, the Engineer-in-charge may give notice to the contractor, identifying deficiencies in performance and demanding corrective action. The Engineer-in-charge, shall also clearly state in the notice the nature of action that shall be taken, if contractor fails to fulfill by necessary corrective action. Depending on nature of default the Engineer-in-charge at his discretion shall have two options, regarding action to be taken in case of default by contractor. He shall withhold any of the payments due to the contractor or shall terminate the contract in whole or in part. But Engineer-in-charge shall, clearly mention in his notice, the action that shall be taken if the contractor fails to take the corrective action. The period of 14 days shall be given to the contractor to take such corrective action after the issue of such notice.

No claims, for compensation of any sort, from contractor will be entertained for withholding the bills indefinitely till specified requirements are complied with by the contractor.

After the issue of the notice about default by the contractor, the contractor shall not remove, from the site any plant, equipment and materials. The Department shall have a lien on all such plants, equipment‘s and materials, from the date of such notice, till deficiencies have been corrected.

32. EXTRA ITEMS: Extra items of work shall not vitiate the contract. The contractor shall be bound to execute extra items of work as directed by the Engineer-in-charge. The rates for extra items will be governed by the provisions of clause 14 and 30 of conditions of contract.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 116 33 :- PRICE VARIATION CLAUSE:- L A. If during the operative period of the contract as defined in condition (I) below, there shall be any variation in the Consumer Price Index (New series) for Industrial Workers for the Nashik centre as shown as per Labour Gazette published by the Commissioner of Labour. Government of Maharashtra and / or in the wholesale Price Index for all commodities prepared by the Office of Economic Adviser. Ministry of Industry. Government of India, or in the prices of Petrol / Oil and lubricants, and main construction materials like bitumen, cement, steel, various types of metal pipes etc. then, subject to the other conditions mentioned below price adjustment on account of

1) Labour Component 2) Material Component 3) Petrol, Oil and Lubricants Component 4) HYSD and Mild steel component 5) Cement Component Calculated as per the formula hereinafter appearing shall be made apart from these, no other adjustments shall be made to the contract price for any reasons whatsoever, component percentage as given below are as of the total cost of work put to tender. Total of Labour, Material and POL components shall be 100 and other components shall be as per actual & Sub-work wise, as mentioned below :-

Detailed calculation of Price Variation - Individual Component of sub work t A) Approach channel (Sub-work) = Part- A

S.No. Component Centre / Place Percentage 1. Labour Nashik 2. Material All India Average 3. POL Mumbai

In any dispute of controversy in calculation of price escalation decision of Engineer in charge is Final.

Note: If Cement, Steel, Bitumen, C.I.& D.I. Pipes are supplied on Schedule "A", then respective component shall not be considered. Also if particular component is not relevant same shall be deleted.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 117 1. Formula for Labour Component:

K1 x L1- Lo V1 = 0.85P { } 100 Lo

Where, V1 = Amount of price variation in Rupees to be Allowed for Labour component. P = Cost of work done during the quarter under Consideration minus in the cost of Cement, HYSD and Mild Steel, steel plates for pipes callated at the basic star rates as applicable for the lender, consumed during the quarter under consideration

1) Cement - Rs. per MT 2) Steel TMT - Rs. per MT

K1 = Percentage of labour component as indicated above.

Lo = Basic consumer price index for Nashik centre shall be average con sumer price index for the quarter preceding, the month in which the last date prescribed for acceptance of tender falls.

L1 = Average consumer price index for Nashik centre for the quarter under consideration.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 118

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 119

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 120

The following conditions shall prevail: i) The operative period of the Contract shall mean the period commencing from the date of work order issued lo the Contractor and ending in the date on which the time allowed for the completion of the works specified in the Contract for work expires, taking into consideration the extension of time, if any, for completion of the work granted by the Engineer under the relevant clause of .the Conditions of Contract in cases other than whose where such extension is necessitated on account of default of the Contractor. The decision of the Engineer as regards the operative period of the Contract shall be final and binding on the Contractor. Where any compensation for liquidated, damages is levied on the Contractor on account of delay in completion or inadequate progress under the relevant. Contract provisions, the price adjustment amount for the balance of work from the dale of levy of such compensation shall be worked out by pegging the indicates, L1, M1, C1, P1, B1, Sl1 and Cl1 to the levels corresponding to the date from which such compensation is levied. ii) This price variation clause shall be applicable lo all contracts in B1, B2 & C form but shall not apply lo piece works. The price variation shall be determined during each quarter as per, formula given above in this clause. iii) The price variation under this Clause shall not be payable for the extra items required to be executed during the completion of the work and also on the excess quantities of items payable under the provisions of Clause 38/37 of the contract from B1 / B2 respectively. Since the rates payable for extra items or the extra quantities under Clause 38/37 are to be fixed as per-current DSR or as mutually agreed to yearly revision till completion of such work. In other words, when the completion / execution of extra items as well as extra quantities under Clause 38/37 of t he contract from B1 / B2 extends beyond the operative date of the DSR then rates payable for the same beyond the dale shall be revised with reference to the current DSR prevalent at that time on year to year basis or revised in accordance with mutual agreement thereon, as provided for in the Contract, whichever is less. v) This clause is operative both ways, i.e. if the price variation as calculated above is on the plus side, payment on account of the price variation shall be allowed to the contractor and if it is on the negative side, the Government shall be entitled to

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 121 recover the same from the Contractor and the amount shall be deductible from any amounts due and payable under the contract. v) To the extent that full compensation for any rise or fall in costs to the Contractor is not entirely covered by the provision of this or other clauses in the contract, the unit rate and prices included in the contract shall be deemed to include amounts lo cover the contingency of such other actual rise or fall in costs. vi) Price variation clause with all above competent will effective from acceptance date a tender‘s subsequent quarter as per nodal procedure. No claims will be valid for price escalation for other period prior to acceptance. Also price escalation valid and admissible in only operative period of testing only.

34. COMPENSATION FOR DELAY IN COMPLETION OF WORK ON CORPO- RATION ACCOUNT

(This clause is applicable only if the estimated cost put to tender is more than Rs. 100 Lacs).

Compensation by way of relief’s on account of delay in completion of works due to (1) shortage of funds (2) land acquisition etc. will be decided and given as described below.

In case of total stoppage of work, compensation for idle labour and contractor‘s overhead charges for the period in question, for which detailed record should be maintained by the project officer, may be granted for the contractor. After careful scrutiny of the claims and obtaining Corporation approval. For- mats for maintaining the record of labour should be got approved by the contractor from the Engineer-in- charge well in advance.

The appropriate affected period for considering grant of relief shall be decided by the Chief Engineer of the work under contract. However, no relief will be admissible for the stoppage for a period less than two months. The decision regarding grant of relief in such, cases shall be taken by Government of Maharashtra and it will be final and binding on the contractor.

35. CO-ORDINATION WITH OTHER CONTRACTORS: The contractor should note that there will be other agencies including Government of Maharashtra, working in the same area for works other than that included in this contract. The contractor shall co- operative with these agencies to the fullest extent and shall allow them reasonable

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 122 facility and co-ordination for execution of work, simultaneously and satisfactorily as intended in the contract conditions, specifications and drawings.

Should there be a dispute or disagreement between the contractor and other agencies for any cause whatsoever, the same shall be referred to the Engineer-in- charge whose decision regarding Co-ordination and facilities to be provided by all the contractors to others shall be final and binding on all parties and, such decision shall not vitiate any contract or absolve the contractor of his responsibility under the contract, and shall not from ground for any claim or compensation.

36. UNDERTAKING UNDER CONTRACT LABOUR ACT: The Contractor shall furnish the undertaking towards implementation of contract Labour Act as given in Appendix = F.

37. PHOTOGRAPHS OF THE WORKS: The contractor will not be allowed to take photographs showing fieldwork or the general location of the work. The Engineer, may however, at his discretion, allow a few construction photographs to be taken for the purpose of the contractor‘s record. Prior approval of the Engineer-in-charge should be obtained in such cases and also in case such photographs are to be exhibited in public literature and calendars etc. in all such cases, negatives of the photos shall be submitted to the Engineer, after taking approved number of copies and the negative will become the absolute property of the Government of Maharashtra.

38. DATA, DRAWINGS TO BE FURNISHED BY THE CONTRACTOR:

a) Prior to the commencement of the work the contractor shall submit to the Engineer- in-charge for approval, drawings or prints in white ammonia paper of size 1020 mm x 690 mm or 510 mm x 345 mm as may be suitable, in triplicate-, showing the location of major plant, workshop, if any, roadways, temporary bridges, unloading facilities and storage yards etc. which he proposes to put at the site and the contractor is supposed to plan with respect to the land provided and it shall not be responsibility of the Corporation to make available the land suitable to the plan submitted by the contractor. b) The contractor shall submit to the Engineer-in-charge for approval within one month from the date of his receiving notice to start work. A layout plan of constructions plants and equipments for the execution of the work which the contractor proposes to adopt at site and c) Any changes in the approved layout will be subject to further approval from the Engineer-in-charge.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 123 d) The approval of the drawings, however, will not relieve the contractor of his responsibility from any errors or omissions.

39. FENCING, LIGHTING AND VENTILATION: a) The contractor shall be responsible for the proper lighting, fencing, guarding and necessary health and safety measures while executing all works under this contract and for proper provision of temporary roadways, guards, footways, fences, caution notices, etc. as far as the same may be rendered necessary by reasons of the work, for the accommodation of workmen, foot passengers or other traffic and of owners and occupiers of adjacent property and of the public and shall remain responsible for any accidents that my occur on account of his failure to take proper and timely precaution. b) Maintenance of Services : After all the work unclear this contract is “completed and accepted as such, in case the Engineer-in-charge so directs, the contractor shall maintain the lighting, ventilation, communication facilities etc. up to a date determined by the Engineer-in-charge, but not longer than for a period of twelve months. All reasonable charges for such maintenance otherwise not required by the contractor for his purposes under the contract will be borne by Department As regards the reasonableness of such charges, the decision of the Engineer-in-charge shall be final and binding on the contractor.

40. LIABILITY FOR ACCIDENTS TO PERSONS: It shall be contractor‘s responsibility to protect against accidents on the work site. He shall indemnify the Government of Maharashtra against any claims for damage to the property, injury to workers or any other persons, death etc.

On the occurrence of an accident resulting in death or which is so serious as to be likely to result in depute contractor shall within 24 hours, report in writing to the Engineer-in-charge, the facts stating clearly about the circumstances in which accident has occurred and the subsequent action taken. Other minor accidents causing minor injuries and loss to property should be communicate in writing, promptly to the Engineer-in-charge. In all cases the contractor shall indemnify the Department against all losses or damages resulting directly or indirectly from the contractor‘s failure to report in the manner aforesaid. This includes penalty or fines if any, payable by the Government as a consequence of failure to give notice under the Workmen‘s compensation Act or failure to conform to the provisions of the said Act in regard to such accidents.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 124 In the event of accident in respect of which compensation may become payable under the Workman‘s Compensation Act VIII, of 1923 including all subsequent modifications thereof, Engineer-in-charge may retain the sums of

money as may in. the opinion of the Engineer-in-charge is sufficient to meet such liability out of the amounts payable to the contractor. These sums shall be recovered from the immediate payment due to the contractor in one installment or in more than one installment. The decision of the Engineer-in-charge regarding this shall be final and binding on the contractor. On receipt of award from the Labour Commissioner, the balance amount shall be reimbursed to or recovered from the contractor.

It should be noted that the Department is a Principal employer the complete responsibility of compensation shall be on the contractor.

41. THE CONTRACTOR TO SUPPLY AND BE RESPONSIBLE FOR THE SUFFICIENCY OF THE MEANS EMPLOYED : The contractor shall supply and take upon himself the entire responsibility of the sufficiency of the scaffolding, timbering, machinery, tools, implements and generally of all the, means irrespective of whether such means may or may not have been approved of or recommended by the Engineer-in- charge and the contractor must accept all risks of accidents or damages from whatsoever cause they may arise, until the completion of this contract.

42. COVERING OF WORK: The contractor shall give not less than seven days notice in writing to the Engineer-in-charge of the work which is proposed to be covered up or placed beyond the reach of measurement so that the measurements may be taken before the work is covered up or placed beyond the reach of measurements. No work shall be covered up or placed beyond the reach of measurements, before ensured that the measurements of work to be covered up are recorded. Any work covered up or placed beyond the reach of measurements without such notice having been given or consent obtained, the same shall be uncovered at the contractor‘s expenses and in default thereof no payment or allowance shall be made for such work or for materials with which the same was executed.

43. QUALTITIES OF WORK : The quantities of work under the various items in the Schedule ”B‘ Part-1 Schedule of Quantities and Bid Rates as estimated by the Department have been provided as could be reasonably anticipated and estimated should be taken as indicative only. The amount of work will depend upon the actual conditions that will be encountered in the construction and the results of detailed designs which will continue to be refined as more field data and information comes to hand. If the work is started by the Government of Maharashtra, the quantities put to tender shall be reduced to the extent, the work is done by the Government of

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 125 Maharashtra up to the date of starting the work by the contractor. No claims due to reduction in quantity on this account will be entertained.

44. ACCURACY OF LINES, LEVELS AND GRADES: Setting Out: a) The contractor shall be responsible for the true and proper setting out of the work and for the correctness of the position, levels, dimension, and alignment of all parts of the work and for the provisions of all necessary instruments, appliances and labour in connection with this. b) For the purpose of setting out, one permanent bench mark shall be established by the Government of Maharashtra near the site, the value of which shall be given to the contractor, by the Engineer-in-charge on demand by the contractor. Similarly the reference line in the form of center line of junction wall and of some other components, if found by the Engineer-in-charge for complete getting out of the structure shall be given. All the setting out shall be with reference to this bench mark and reference line. c) If at any time during the progress of works the error shall appear or arise in the position, level, dimension or alignment of any part of the work, the con-tractor shall rectify such error to the satisfaction of the Engineer-in-charge without any extra cost to the Corporation. d) The periodical checking of these by Department staff shall not absolve the contractor of his responsibility regarding accuracy. In case of deviation, the contractor shall make good to the discrepancy at his own cost and without any compensation for the additional work involved. Wherever such discrepancies, if any, are found to arise between the works of different contractors at the junction of their works, the relative liability to set right their respective discrepancies shall be fixed by the Engineer-in- charge, whose decision shall be final and binding on the contractors concerned. The Engineer-in-charge shall further have the unquestioned right to rectify the discrepancies and recover the costs from the contractor or contractors according to proportions as he may consider reasonable. e) It is the responsibility of contractor to preserve the benchmark and the reference points established for setting out.

45. EXCAVATED MATERIAL: All the materials available from excavation will be the property of Government of Maharashtra and shall be disposed off only as directly by the Engineer-in-charge. The materials of approved quality available from the excavation including that carried out by the Government of Maharashtra may be used by the contractor in the items of works included in Schedule ”B‘ or for ancillary or preparatory work, free of cost. Prior approval of the Engineer-in-charge for such

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 126 use shall, however, is taken. The contractor shall make proper arrangements for sorting out and stacking material of approved quality that he proposes to use as aforesaid. Government of Maharashtra will be free to make use other materials not required or not likely to be required for use by the contractor as will be determined by the Engineer-in-charge.

The excavated material not* to be used by the contractor as above or stacked for his use, but remaining unused at site after completion of works, shall be disposed off by the contractor at his own cost in a manner and at place shown in the drawings or as and where the Engineer-in-charge may direct.

46. SAFETY MEASURES: The contractor shall arrange for the safety in his operations as required including the provisions in the safety manual published by the Central Water and Power Commission, New Delhi. (Jan. 1962 Ed.) In case the contractor fails to make such arrangements the Engineer-in-charge shall be entitled to cause them to be provided and to recover the cost thereof from the contractor. The following are some of the measures listed, but the same are not exhaustive and the contractor shall add to and suggest these precautions on his own where necessary and should comply with the directions issued by the-Engineer-in-charge in this behalf from time to time and at all times.

Providing protective head guard to workers in the works like deep excavation to protect them against fall of overburden materials.

Getting the workers in such jobs periodically examined for chest trouble due to too much breathing in fine dust.

Taking such normal precaution like fencing and lighting to excavations or trenches, not allowing, nails or metal parts or useless timber spread around, marking danger area for blasting whistles etc.

Providing sufficient suitable and safe accesses to all work spots including ladders gangways, platforms, etc. avoiding naked wires, etc. such would electrocute the workers.

Taking necessary steps towards training the workers concerned on the use of machinery before they are allowed to handle them independently and taking all necessary precautions in and around areas where machines hoists and similar units are working.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 127 47. MAINTENANCE: After the works are completed in all respects in accordance with the contract condition, a completion certificate will be issued by the engineer-in- charge.

From the date of issue of the completion certificates, till the expiry of 36 calendar months, the Contractor shall be liable for the replacement of any part of plant or work found to be defective from the causes arising from faulty materials or workmanship or other causes, for which in the judgment of the Engineer-in-charge, the Contractor is responsible and for making good any damage arising there from.

48. SUNDAYS AND HOLYDAYS: No work shall be done on weekly local holidays or on other Government holidays duly Gazette or on holidays observed by local usage without the prior sanction of the Engineer-in-charge. With holding of such sanction shall not form any’ grounds for compensation or extension of time limit.

If on the other hand, the Engineer-in-charge directs that the work shall be proceeded with on days and during hours otherwise not permissible under this contract, the Contractor shall proceed with the works as directed, without in any way violating this contract or forming any grounds for compensation or claim.

The contractor shall, in his dealing with labour at all times during the period of this contract, have due regard to local festivals, religious and other customs.

49. BANK GUARANTEE: Bank guarantee shall be given on the stamp paper of Rs. 500/- in the form prescribed by the Government of Maharashtra. The bank guarantee shall be valid for the entire period of contract till the date of issue of completion certificate as prescribed under para No. 7 of conditions of contract. It will be the responsibility of the contractor to get validity of Bank Guarantee extended on the stamp paper of Rs. 100/- at least one month prior to expiry date from time to time, failing which the Bank Guarantees shall be encased by the Department well before expiry date of bank guarantees and cash accrued will be at the disposal of the Department

50. HANDING OVER OF WORK: All the work and materials, before being finally taken over by Government of Maharashtra will be the entire liability “of the contractor for guarding, maintaining and making good any damages of any magnitude. In-terim payments made for such work will not alter this position. The handling over by the contractor and taking over by the Executive Engineer or his authorized representative will be always in writing of which copies will go to the Executive Engineer or his authorized representative and the contractor. It is however,

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 128 understood that before taking over such work, Department will not put it into regular use as distinct from casual or incidental one, except as‘specifically mentioned elsewhere or as mutually agreed to.

51. INSTRUMENTATION: In case, it is proposed to have any instrumentation, in work, the instruments and their accessories will be procured and installed by the Department as per programming framed by the Engineer-in-charge. Care should be taken by the contractor to protect these instruments as well as their connections during various constructions operations. The contractor shall also extend all facilities for installation and observation of these instruments. All the operations required for facilitating the installation of the instruments shall stand included in the relevant items of tender. No claim however shall be entertained due to any delay or obstruction that might be created due to installation or observation.

52. INSPECTION OF WORKS : The Engineer or his duly authorized representative shall have at all times full power to inspect the work, wherever in progress either on the site, in the contractor ‘s premises or the work site. Further, contractor shall not without written authorization, permit entry on site of work of any person except authorized representative of the Corporation or the Engineer or the contractor‘s staff and labour directly engaged on and in connection with the work.

The contractor shall, at his cost, provide all necessary facilities for proper inspection and supervision of the work gangways, platforms, scaffolding and ladders, etc. of suitable dimensions and sufficiently strong at appropriate locations and all accesses to passages etc. shall be well lighted and maintained in good order. The Engineer‘s decision about the sufficiency and adequacy thereof shall be final. The contractor shall, during working hours, “maintain supervisor of sufficient training and experience to supervise various items and operations of the work and the said supervisors shall remain present during inspections of the Engineer. All orders and directions given to such supervisors or other staff of the contractor shall be deemed to have been given to the contractor directly. Further the Engineer may, by due notice to the contractor, to be present on any specified inspection and the contractor shall comply with such directions.

53. OPENING OUT WORKS: Should the Engineer consider, if necessary, in order to satisfy himself as to the quality of work the contractor shall at any time during the continuance of the contract pull down or cut into any part of the work, and make such openings into and to such an extent through the same as the Engineer may direct

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 129 and the contractor shall make good the same at his cost and to the satisfaction of the Engineer.

54. REMOVAL OF IMPERFECT WORK: If it shall appear, that the work has been executed with unsound, imperfect or of an inferior quality or otherwise not in accordance with the contract documents, the contractor shall at his own cost rectify, reform, remove or reconstruct the same, wherein whole or in part as may be, directed by the Engineer, whether or not, the value of any such work of material shall have been included in any payment made to the contractor. The decision of the Engineer-in-charge shall be final and binding on the contractor. The Executive Engineer may, if he thinks fit, allow such work to be paid at reduced rates and his decision will be final and binding, provided further that the rates fixed by the Engineer, be not acceptable to the contractor, he shall have the option to replace the defective work or materials with ones in accordance with the specified standards.

55. JURISDICTION OF COURT FOR DISPUTES: Disputes, if any, arising out of this contract shall be subject to the jurisdiction of the High court of Mumbai, Bench at Aurangabad.

56. MODE OF PAYMENT OF THE QUANTITIES OF EXCAVATION, MASONRY AND CONCRETE ITEMS EXECUTED IN EXCESS OF 125%.

56.1 Clause No. 38 of B - 1 Tender Form pertains to payment of quantities of different items of Schedule”B‘. in excess of 125% of the tendered quantities. It is to be clarified that in the case of items of excavation in soft strata and hard strata, in the present tender, this clause will become applicable only if the total quantity of excavation (i.e. quantity given in Schedule”B‘Part - I, Excavation in soft strata, quantity given for Excavation in hard strata) exceeds by 125% of total quantity of excavation following procedure will apply :

Case 1 : Where quantity of excavation executed, exceeds 125% of total of tendered quantity of items of excavation in soft strata and in hard strata, but quantity executed of any one of the individual items is less than or equal to the tendered quantity for that item, all the excess quantity beyond 125% of total tendered quantity In items of excavation in soft strata and hard strata; taken together, will be paid by revising the rate of only that item where excess has occurred.

Case 2 :.Where total quantity of excavation executed for both items (excavation in soft strata and hard strata) exceeds 125% of the total tendered quantity of items of excavation, quantity in excess of 125% of total tendered quantity will be distributed in the Ratio of

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 130

Executed quantity of individual item of excavation

Total executed quantity of items of excavation in soft strata and hard strata,

And will be paid by revising the rate of individual item as per clause 38 (2), subject to the provision that the revision of rate will be applicable only for the quantity of individual item executed in excess of 125% of the tendered quantity.

In case the executed quantity is less than 75% of the total quantity of excavation in soft strata and hard strata, these will be treated on similar lines as in case (1) and (2) above.

Case 3 : Where total quantity of all masonry items taken together exceeds 125% of the total tendered quantities of all masonry items quantity in excess of 125% of total tendered quantity will be distributed in the ratio of Executed quantity of individual item of masonry Total executed quantity of all masonry items taken together And will be paid by revising the rate of individual item as per clause 38(2), subject to the provision that the revision of rate will be applicable only for the quantity of individual item executed in excess of 125% of the tendered quantity.

In case the executed quantity is less than 75% of the total quantity of all masonry items taken together, these will be treated on similar lines as in case (1) and (2) above.

Case 4: Where total quantity of all concrete items taken together exceeds 125% of the total tendered quantities of all concrete items, quantity in excess of 125% of total tendered quantity will be distributed in the Ratio of

Executed quantity of individual item of concrete

Total executed quantity of all concrete items taken together

And will be paid by revising the rate of individual item as per clause 38(2), subject to the provision that the revision of rate will be applicable only for the quantity of individual item executed in excess of 125% of the tendered quantity.

In case the executed quantity is less than 75% of the total quantity of all concrete items taken together, these will be treated on similar lines as in case (1) and (2) above.

For payment of quantities in excess of 125% of tendered quantity for items other than excavation, masonry and concrete items, provision of clause 38(2)

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 131 of B -1 Tender Form will be applicable.

57. MODE OF PAYMENT OF EXCAVATION QUANTITIES IN RUNNING BILL AND FINAL BILL:

57.1 Payment of work done under items of excavation in soft strata and hard strata will be made at 90% of the contract rate in R.A. bills for all excavated quantities till the final designed cross section of components as decided by the Engineer-in- charge is reached. The component cross section as per design shall be deemed to have been reached only if no work remains to be executed between the two adjacent cross sections. 100% of payment at contract rate in R.A. bills may be released only after the work of excavation is completed between two adjacent cross sections and in continuous lengths from head reach to tail reach of canal. No intermediate lengths will be considered.

58. (a) ADDITIONAL CONDITIONS :- Department deserves the right to change the location of different components of works, amend the layout due to any reason, whatsoever. No claim of any nature add to above change shall be entertained.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 132

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 133

Indicative List of

Specifications

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 134

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 135

Schedule showing items of works and applicable specifications.

Name of work :- Special Repairs to Bhandardar dam by way of drilling & grouting from top.(Ch. 0 to 76.20 M

S.R. No Description of Item Reference of section specification/specification as per std specification

1 Taking trial bores As per attached h/w

2 Shifting As directed by engineer in charge

3 Providing grouting as cement admixture As per attached h/w

4 Taking water intake As per attached h/w

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 136

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 137

General Specifications

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 138

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 139 SECTION -1 GENERAL SPECIFICATION

1.0.0 SCOPE: The general specifications shall apply to all the items of Schedule 'B' under this Tender.

1.1.0 GENERAL DESCRIPTION OF THE PROJECT: The information is given in Annex 'A' to Section I - Detailed Tender Notice.

1.1.1 WORK AND SITE CONDITION : It shall be presumed that the Contractor has fully informed himself as to the nature and locations of works, general and local conditions and particularly those having bearing on approaches to the site, location of stone and sand quarries, availability and transport of material, tools and plants machinery, disposal areas, availability of labour, weather conditions and river stages etc. and has estimated his cost accordingly Department will bear no responsibility for any lack of such acquaintance with site conditions on the part of the contractor and the consequences thereof to the contractor. The information and data about site conditions shown in the drawings and mentioned herein is furnished as a rough guide only but Department will not be responsible for the accuracy thereof or for any deductions interpretations and conclusions drawn there from by the contractor.

1.1.2 Results of trial pits and exploratory bores taken along the canal axis are as shown in the drawings. The Department does not accept any responsibility for any variation in strata classifications found in actual excavations.

1.1.3 CLIMATIC CONDITIONS: The information is given in Annex 'A to Section I -Detailed Tender Notice.

1.1.4 LABOUR AVAILABILITY: Some local unskilled labour may be available during non agricultural season but skilled labour may not be available Contractor must however make his own enquiries.

1.1.5 LOCATION: The information is given in Annexure 'A to Section-1 Detailed Tender Notice.

1.1.6 RAIL ROUTE : The information is given in Annexure 'A1 to Section-1 of Detailed Tender Notice 1.1.7 ROADS: The information is given in Annexure 'A to SECTION I – Detailed tender Notice.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 140 1.1.8 WATER SUPPLY: The Contractor will have to make his own arrangements for the water supply required for his work, staff and labour. He will have to provide all arrangement for making water potable and safe for drinking by his staff, labourer and other dependents on Contractor’s services. Disinfection of all drinking water by chlorination will be obligatory, on the part of Contractor. Fresh and potable drinking water shall be made available by the Contractor to all persons working at work spots in clean and hygienic earthen or other pots at all working places and in sufficient quantity.

1.2.0 ELECTRIC POWER: Electric power, if required shall be arranged by the contractor at his own efforts and cost and he shall have to make his own arrangements for laying, installation maintaining the power lines etc. He should observe all requirements of the Indian Electricity Act. 1910, 1948. Indian Electricity Rules 1956, and rules in existence and framed from time to time, failure to which Corporation accepts no responsibility for any damage, injury or compensation.

1.3.0 TELEPHONE AND TELEGRAMS: Nearest telephone and telegraph facilities are available at the places indicated in Annexure 'A to Section -1 of Detailed Tender Notice.

1.4.0 COLONY:

ESTABLISHMENT OF COLONY: The Contractor shall be allowed to construct his own colony for his workers and supervisory staff within the limits of Department land, if available.

The land used by the Contractor for his staff and labour colony shall be-handed over back to the Corporation within three months after the physical completion of work termination of the contract whichever is earlier duly cleared and fairly brought to the original condition. No structures or constructions shall be left on the land at the time of vacating it without the specific approval of the Engineer-in-charge. The Contractor shall prepare and submit his proposed plan of colony layout and get it approved from the Engineer-in-charge before establishing any colony either for the laborers or for the supervisory staff. The Contractor shall have to construct and maintain access and approach roads etc. in his colony areas at his own cost. Any Modifications, changes and alterations suggested by the Engineer-in-charge in respect of area of colony layout of roads etc. will be binding on the Contractor

1.4.1 SANITATION AND UP-KEEP OF COLONY : The Contractor shall be responsible for maintaining satisfactory water supply and sanitary facilities in his

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 141 labour camp and for his other staff. He will take precautions not to allow any unhealthy and insanitary conditions in his Camp. The Engineer-in -charge shall have the right to inspect the Contractors colonies at any time and to suggest improvement, modifications etc. with special regards to cleanliness and sanitation, sludge water and garbage disposal, any other nuisance, and proper layout, which shall be binding on the Contractor.

The Contractor shall provide adequate number of portable chemical closets for use, and urinals and water closets, and make proper lighting and scavenging arrangements to the satisfaction of Engineer-in-charge. Separate arrangements should be made for female labour.

1.4.2 CAMP REGULATIONS: The Contractor shall be responsible for maintaining law and order in his camp and on his work and to that end shall employ such officers, watchmen labour etc. as required. Unauthorized and undesirable persons shall be expelled from the camp and from the works. If in the opinion of Engineer- in-charge any employee or agent of the Contractor misbehaves or causes obstruction in proper execution of work or otherwise makes himself undesirable, the Contractor shall on receipt of instructions from the Engineer-in-charge remove him from premises.

MEDICAL AID : The Contractor shall arrange all the necessary medical facilities for his staff and labour at his own cost and to the satisfaction of the Engineer-in-charge.

GENERAL : The cost of sanitation and supply of drinking water is deemed to have been included in the unit rates of items of work.

1.5.0 MATERIALS :

1.5.0 PETROL OIL AND LUBRICANT : The Contractor shall have to install his own supply for petrol and diesel at the site. The location of pumps shall have to be got Approved from the Engineer-in-charge and usual precautions which are necessary, for such installation will have to be taken.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 142 1.5.2 STONE FOR RUBBLE MASONRY AND FOR METAL : The Contractor shall make his own investigation regarding locations of quarries, quality of stone and adequacy of the various sources of stone in quarry areas known to him. Excavated material of hard rock excavation has been dumped on the canal site. Contractor can make use of this material. Material has to be sorted out by Contractor at his cost and should be got approved from the Engineer-in-charge before its use in the work, However, it is for Contractor to investigate the quarries which will yield stone in sufficient quantities and of required quality. Over burden on quarry shall have to be removed by the Contractor at his own cost.

The locations of quarries have to be such that they do not affect permanent structures and should not be near the existing or proposed habitations. The locations end size of the quarries shall be subject to the approval of the Engineer-in-charge. However, if a quarry location, approved by the Engineer-in-charge. On its opening does not yield adequate or suitable stone, no claims can be raised against the Corporation. In that case other quarries will have to be established by the Contractor at his own cost and risk and the stone got approved from the Corporation for its quality before using it in the work.

If the quarries located are in private properties, the Contractor shall negotiate with the respective owners and shall attend to legal rights and attend to payments etc. to the concerned parties for operation of these quarries at his own cost. Similarly, he shall make arrangements for roads leading to and from the stone quarries to the worksite at his own cost.

1.5.3 SAND : The Contractor is advised to make his own enquiries regarding adequacy, proper quality and cost of sand, approaches to quarries etc. The sand quarry to be used and any change in location shall have prior approval of the Engineer-in- charge.

The Contractor shall, however, obtain permission from Revenue and other authorities before removing the material and shall pay royalty and other taxes. Octroi duty, escort fee. If any, for sand which shall not be reimbursed. The Contractor shall have to make his own enquiries regarding legal rights and attend to the aspect of payments due etc. for the operation of the quarries.

The extent of annual replenishment of the sand sources is unknown. The Contractor may therefore choose to collect the sand in advance of its use for the work.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 143 The Contractor shall make his own arrangements for quarrying and transport of sand from the quarries to the work site. Approach roads to the quarries shall also be constructed and maintained by the Contractor at his own cost. All the cost of transport of sand shall be borne by the Contractor and no claims on this account will be entertained.

Use of crushed sand conforming to the required gradation and specifications can be permitted with specific approval of the Engineer in-charge.:

1.6.0 PRECAUTIONS DURING THE FLOODS : It shall be the responsibility of the Contractor to preserve and maintain In safe condition all materials, machinery and tools from floods and rain and no compensation whatsoever will be payable to him on account of loss due to floods, rain and any other causes.

1.7.0 CONTRACT DRAWING WORKING DRAWING AND SPECIFICATIONS : On acceptance of the tender, sets of copies of contract conditions and drawings to a maximum of three, will be supplied to the Contractor free of charge. On request by the Contractor and in the discretion of the Engineer-in-charge, the Contractor may be supplied additional copies of contract documents and drawing to be charged at the rate of Rs. 15007- (Rupees One Thousand Five Hundred only) per set.

The drawings which form part of this contract, show the work to be done in such details as is possible to do for the present. They will be supplemented or superseded by such additional detailed working drawings as may be necessary as the work progresses. The Contractor shall carry out the work In accordance with these additional or revised working drawings, as the case may be and at the applicable rates as per the contract. The Contractor shall be supplied a maximum number of four copies of each of all such working drawings free of charge. Should the ontractor require any additional copy for his use the same may be supplied at the discretion of the Engineer-in-charge and the Contractor will be charged Rs. 1007- (Rupees One Hundred Only) for each of additional copy of each drawing.

The Contractor shall check all drawings carefully and advise the Engineer-in- charge immediately of any errors or omissions discovered. The Contractor shall not take advantage of any kind of errors or omissions in the drawings supplied.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 144

1.8.0 EMBEDDED ITEMS : Before placing concrete and or masonry care shall be taken to see that all embedded items are firmly and securely fastened in place as indicated on the drawings or as directed. All embedded items shall be cleaned free from all foreign matter such as scale, rust, oil paint etc. The Contractor shall be responsible for correctly embedding the parts as directed without any charge, the cost of such embedding being deemed to have been included in the item of concrete and or masonry as the case may be. No extra payment will be made for the installations of this embedded work or for delays, or for interruptions arising therefore.

1.9.0 SIGNING THE FIELD BOOKS, LONGITUDINAL, .SECTIONS, CROSS SECTIONS AND MEASUREMENT BOOKS :

Before starting the work for intermediate payments and at the end before the work is covered, levels for plotting the longitudinal section (along the axis as, decided by the Engineer-in-charge or his authorized representative) and cross sections of the portion of the work shall be taken by the authorized Engineer of the contractor in the presence of Engineer-in-charge or his duly authorized representative. The contractor or his authorized Engineer shall have to sign the field books and plans showing longitudinal sections and cross sections of the portion of the work in token of acceptance. If the Contractor fails to sign them, the levels recorded by the Engineer-in-charge or his representative in the authorized books shall be final and binding on the Contractor. If the Contractor or his duly authorized agent fails to attend, the levels shall be taken in his absence and such levels and longitudinal sections and cross sections based thereon shall be final and binding on the Contractors. The levels will be taken on such alignments and cross sections as will be useful for Reference permanently and will be in harmony with the mode of the measurements for payments as described under Specifications. The point locations for the levels will depend upon the ruggedness of the area and will also be at least in conformity with the requirements of Specifications.

1.10.0 CEMENT AND STEEL SUPPLIED BY DEPARTMENT : No material will be issued by the Department on Schedule 'A'. The Contractor is responsible for all materials including cement, steel, explosives, Hume pipes etc.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 145

1.10.1 CEMENT PROCURED BY CONTRACTOR :

A) The Contractor shall procure Cement 43 grade conforming to IS 269 of 1976 from recognized manufacturers such as L & T, A.C.C., Narmada, CC1, Rajashree, Manikgarh etc. as per para 14 of Special Conditions of Contract in standard packing of 50 kg. Per bag from the authorized manufactures. The Contractor shall make necessary arrangement at his own cost to the satisfaction of Engineer-in- charge for actual weighment or. Random sample from the available stock and shall confirm with the specifications laid down by the Bureau of Indian Standards (vide their specifications No. IS 43 grade) or higher in quality as per Para 17.0.2. Cement shall be got tested in the laboratory under Quality Control Circle, Pune. In case of any dispute about the results, the MC cement shall be tested in M. E.R.I. Nashik where decision will be final. The cement bags brought and kept at site godown shall be tested for all the tests as directed by the Engineer-in-charge at least one month in advance before actual use of cement.

Cement brought on site shall be as fresh as possible to the satisfaction of the Engineer-in-charge. The old stock, if rejected shall be immediately removed from the site at the Contractor's cost.

Cement bags required for testing shall be supplied by the Contractor free of cost. However, the testing charges for cement will be borne by the contractor If the tests prove unsatisfactory then the stock will be rejected.

B) The use of admixtures and agents shall be made as per instructions of the Engi neer-in-charge. The cost of cartage / storing / handling / batching / mixing shall be borne by the Contractor and shall be included by them in unit prices tendered for concrete.

C) The Contractor should maintain throughout the tenure of the work adequate stock of the cement (min 30 days requirement) so as to ensure that, at no time, work is stopped for want of cement. At the same time, no cement of age older than 60 days from the date of dispatch from the manufacturing unit shall be used on the work. No cement shall be removed from the site without the permission of the Engineer-in-charge.

The Contractor shall forthwith remove from the works area any cement that the Engineer-in-charge may disallow for use on account of failure to meet with the required quality and standard.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 146 Cement stock of ONE month’s requirement shall be kept on site at least one month in advance. Samples for testing of the cement brought to the site shall be given free of cost by the contractor, as and when required.

D) The Contractor will have to construct sheds for storing cement having capacity not less than the cement required for 90 days use at approved locations along the canal. The Engineer-in-charge or his representative shall have free access to such stores at all times.

E) The Contractor shall further at all times satisfy the Engineer-in-charge on demand, by production of records and books or by submission of returns and other proofs as directed, that the cement is being used as tested and approved by the Engineer- in-charge for the purpose and the Contractor shall at all times keep his records up to date to enable the Engineer-in-charge to apply such checks as he may desire.

1.11.0 STEEL: (Procured by Contractor)

A) The Contractor shall procure steel from the market. The Contractor shall make necessary arrangement at his own cost for sample from the available stock and shall conform with the specifications laid down by the Bureau of Indian Standards (vide their specifications Nos. I.S. 432 (Part I) of 1966, 1139- 1966. 1786-1979) B) The Contractor should store the steel of 60 days requirement at least one month in advance. C) The Contractor will have to construct sheds for storing steel having capacity not less than the steel required for 90 days use at approved locations along the canal. The Engineer-in- charge or his representative shall have free access to such stores at all times.

D) The Contractor shall further, at all times satisfy the Engineer- in- charge on demand, by production of records and books or by submission of returns and other proofs as directed that the steel is being used as tested and approved by the Engineer-in-charge for the purpose and the Contractor shall at all times keep his records up to date to enable the Engineer-in-charge to apply such checks as he may desire. E) Local Contractors shall procure the steel from main producer such as SAILS. TISCO, ISCO. Rerolled steel will not be acceptable. They should bring the test certificate of steel procured by them from the manufacturers.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 147 F) The steel procured should conform to standard specification of Bureau Indian Standards I.S. No. 1786 of 1979 for Tor Steel and I.S. 432 of 1966 for mild steel.

G) Steel samples required for testing shall be supplied by Contractor free of cost. However the testing charge for steel will be borne by the employer. If the test proves unsatisfactory then the charges will be borne by the Contractor.

1.12.0 ROYALTIES : The Contractor shall arrange for the materials from approved quarries, it is necessary for the Contractor to obtain permission from Revenue Authorities or other relevant authorities before removing the materials, pay royalties etc.

1.13.0 ADVANCE ON CONSTRUCTION MATERIALS : For imperishable materials brought on site by the Contractor and meant to be incorporated or consumed in work, secured advance at 75 percent (Seventy five percent) of the cost as assessed by the Engineer-in-charge shall be paid provided that such materials are not in excess of the requirement of the work. The Contractor shall furnish indenture bond for the amount of the advance in the form prescribed by Corporation for the same. The recovery of such advances shall be made from each succeeding work bill, at the rates the material have been consumed in the relevant finished item.

1.14.0 PAYMENT :

1.14.1 Generally, the Department will pay two running bills in a month, i.e. on 10th and 25th day of each month provided that the contractor submits his bills by these Dates. The recoveries for various advances shall be affected from these bills. The total recovery on all accounts shall be limited to 50 percent (Fifty percent) of the gross bill and the balance if any, shall be recovered from the succeeding monthly bills.

1.15.0 NO INTEREST ON MONEY DUE TO THE CONTRACTOR : No omission by the Engineer-in-charge to pay the amount due upon measurements or otherwise shall vitiate or make veld, the contract, nor shall Contractor be entitled to get interest on any guarantee bond or payment in arrears nor on any balance which may, on true final settlement of his account be found due to him.

1.16.0 If due to difficulties in land acquisition, land does not become available, the same cannot be handed over to the Contractor. In such a situation the Contractor shall not be entitled to any claim. If the lands do not become available up to 50 percent of the time limit of the tender, the execution of the quantities of works under various items pertaining to such, lengths shall be optional.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 148 1.17.0 HANDING OVER OF COMPLETED REACHES AND LETTING OUT WATER FOR IRRIGATION :

1.17.1 On the request of the Contractor the continuous completed reaches of Distributor/ and Minors including Sub-Minors would be taken over by the Department provided if it fulfills the conditions specified below

1.17.2 The term "completed" under 1.17.1 above should be deemed to be inclusive of structures and selective lining and ready to receive flow of water for irrigation. I) the unit for taking over of Distributor will be in stages with a completed Minimum length of not less than 500 Mtr. only at a stretch from head reach (or starting point of contract length) and continuous in length. ii) The unit for taking over of completed Minors and Sub-Minors will be one complete Minor with its Sub-Minors from Head reaches (or starting point of contract length) taking off from completed distributory lengths as described in sub- Para (I) above Reaches of canal in continuous length as specified in (I) and (ii) above may be taken over by recording final measurements. In case silting of canal takes place or scouring damages due to the flow of rain water / flood water entered through incomplete reaches, it would be the responsibility of the Contractor to rectify it.

1.17.3 Water is likely to be let out in Distributory and Minors including Sub-Minors in the PC completed reaches handed over to the Department for Irrigation purpose. How-ever in reaches not handed over to the Department maintenance liability of the Contractor would continue to be for the entire period of contract with maintenance period of Six months after completion, while for reaches handed over the maintenance period of Six months would commence from the date of taking over by the Corporation irrespective of whether water is let out for Irrigation or not.

1.17.4 Water is available free of cost for use on works when water is let out in the Distributor /Minor for irrigation purpose. However, during closure periods the Contractor has to make his own arrangements for storage of water for use in works. In case Distributors / Minors are closed for intervals the Contractor has to make his own arrangement of water at his cost. No claim of any kind will be entertained on this account.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 149 1.18.0 The measurements for the work shall be taken by Contractor's authorized Engineer in the presence of Engineer-in-charge or his authorized representative and recorded in the authorized books. The contractor shall obtain the signature of Engineer-in-charge or his authorized representative on such recorded measurements in token of acceptance, if the contractor fails to take such measurements, then the Engineer-in-charge will cause to record the measurements which will be final and binding on the contractor. This Para is applicable to all items.

SIGN OF CONTRACTOR NO OF CORRECTION EXECUTIVE ENGINEER 150

SECTION 2

[Item No. 1,3&4]

Item No. 1,3&4 : Drilling holes of 75 mm. dia for grouting in all strata with hard core including transporting of machinery platform etc. complete up to 50 m. depth as directed and as per specifications (including water intake test wherever necessary)

1.0 Scope: Drilling in masonry and foundation strata by wagon drills or jack hammer including flushing, washing of holes etc.

2.0 DRILLING AND GROUTING :

2.1 The item shall include drilling of holes of 38 mm. to 75 mm. diameter in murum, masonry concrete and foundation strata including rock by wagon drill or jack hammer including flushing a-xl washing the holes prior to grouting including providing casing pipe in loose strata and performing the functions necessary and ancillary there-to.

2.2 The contractor shall engage such wagon drilling machine or jack hammer which are capable of drilling holes of 38 mm. to 75 mm. diameter.

2.3 The spacing and depth of bore holes shall be as directed from time to time by the Engineer-in-charge. The bores shall be taken at the location given by the Engineer or his authorised representative. Each bore shall be drilled upto the depth specified. Excess depth drilled will not be paid for. Similarly if for grouting any portion of hole

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

151 is required to be re-drilled the cost thereof shall be deemed to included rates quoted for this item.

2.4 All vertical bores shall be drilled truly vertical as shown in drawing and some bores shall be inclined to the gradient as by Engineer-in-charge. The contractor shall make suitable arrangements to measure the water loss during operatioin. The contractor shall maintain all records, e.g. water pressure color of wash, speed of penetration, pressure, speed of rotation of drill etc., wherever possible in the manner specified by the Engineer-in-charge.

2.5 After completion of drilling, the hole shall be plugged until it grouted. Any hole becoming blocked or checked before it is grouted shall be opened to the satisfaction of the Engineer-in-charge and at the expense of the contractor.

3.0 TESTING AND PREPARATION OF HOLES

3.1 Following the drilling of each hole and prior to grouting, be pumped under pressure as directed by Engineer-in-charge through drill rod or any other pipes to wash the cuttings and the sol from the crevices in the rock adjacent to the hole, to the surface, the upward flow of water discharging form the hole. The shall be continued until reasonably clear water emerges from hole, but in no case this process shall take as less than 20 mi If considered necessary by the Engineer-in-charge, the process shall be assisted by pumping air into the wash water of means of an air compressor,

4.0 CLEANING OF HOLES :

4.1 The washing shall usually the timed so as just to proceed. Final washing shall not be completed far in advance of grouting. As

a last operation preparatory to grouting, the holes shall be blown to clear the bottom of the accumulated muck.

4.2 No payment will be made for partly drilled or completed hole if it is to be abandoned due to any mischief prior to grouting and due to unsuccessful SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

152 operation.

4.3 The contractor shall inform the Engineer-in-charge who records measurements at least two days in advance before completion of the bore and shall make necessary arrangements for taking measurements, failing which the departments shall not be responsible for idle period for the boring machine.

4.4 Utmost care and precaution shall be taken to ensure that the dam masonry or concrete is not damaged during the work. Any damage caused to the concrete or masonry or any element material or structure in the dam or adjacent to it shall be made good by the contractor at his own expenses and to the satisfaction of tie Engineer-in-charge.

5.0 MODE OF MEASUREMENTS AND PAYMENTS

The drilling shall be measured upto two decimals and paid for as per the actual length of bore drilled or upto depth, directed by the Engineer-in-charge in writing whichever is less.

6.0 CARRYING OUT WATER INTAKE TESTS AT EVERY 1.5 METRE 6.1 EQUIPMENT 1. Wagon drill boring machine with reciprocating pump. 2. Water meter for water loss calibrated in liters

3. Pressure meter for recording water pressure under which the test is carried out. 4. By pass controlling valves for controlling water pressure

5. Rubber packers for preventing leakage at top and section to be test. 6. Perforated pipe 1.5 metres length inner and outer for delivering water test section in all directions.

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

153

7. Other necessary equipment such as pipe lengths spanners, pipe connecting sockets etc.

8. Stop watch for recording time.

9. Other equipment as may be required for the test.

10. Any damage to equipment machinery and for accessories thereof during the work and for shall not be compensated by the department.

6.2 This item shall include testing of the test hole under specified pressure and recording the water intake of the hole to assess the success of grouting operation carried out. The record shall be submitted by the contractor in the form prescribed by the Engineer- in-charge immediately after the testing is over.

6.3 The contractor shall furnish the necessary equipment and shall carry out water intake test as directed by the Engineer-in-charge. The equipment shall be such so as to enable pressurised water tests to be carried out in stages of 3 meters. Suitable pressure gauge and water meter shall be installed to indicate pressure and water leakage from the holes. The equipment shall be capable of maintaining constant pressure in the hole upto 14 kg/cm2

6.4 The water to be pumped should be clear and free from all sediments.

6.5 METHOD

i) As every 3.0 meter distance a test hole shall be drilled when grouting of the holes is completed for 6 meters length on either side of the test hole. The depth of the holes shall be the same as grout holes in the vicinity of as directed by the Engineer-in-charge.

After drilling the hole, the packer test shall be carried out as described, in para ii and iii hereinafter.

ii) The test shall be carried out from bottom to top of hole in stages of 1.5

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

154 meters with packer at top and bottom.

iii) The test shall be conducted for pressures varying from 0 to 10 kg/cm2 in slab of 1.5 kg/cm2 and process repeated for decreasing pressures, for every slab minimum three readings should be taken. The reading should be watched till the intake is found to the constant for at least two minutes or as per instruction of the Engineer-in-charge.

6.6 PROCEDURE :

Packer test should start from bottom 3 metres pocket of hole with only one packer at top perforated pipe 3 metres length should be fixed and pipes inserted in the hole and water intake test carried out as described above. The subsequent 3 metre pockets should be tested with double packer one at bottom and other at top of the pocket length. Pressure applied and water loss in particular time (20 minutes) shall be noted for each pressure of 1.60 kg/ cm2 slab from 0 to 10 kg/ cm2 and preserved as directed by Engineer-in-charge. The reading shall be recorded in tabular form prescribed.

6.7 After completion of pressure testing of the hole the same shall be grouted with 3.0 metre from bottom to top.

7.0 MODE OF MEASUREMENT

Payments for the item of water intake tests deemed to have been included in the unit rates quoted for the drilling and grouting operation of drilling and grouting shall be measured and paid for under respective items as in the case of ordinary grout holes.

8.0 GROUTING

Grouting of cement or cement with admixture in holes drilled vide para 2.0 of this section in stages of 3 metres from bottom upwards.

8.1 Rate shall be inclusive of the cost of cement and Cement admixtures, if required will be supplied for groutrig to the contractor free of cost at the site by the Department. The contractor will not, however be paid extra

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

155 for adding such admixtures. The contractor shall submit daily account of cement showing the opening balance, receipts, consumption and closing balance for the day.

8.2 Before grouting, the hole shall be sufficiently cleaned to the satisfaction of the Engineer-in-charge or his authorised representative, with water and air under pressure to facilitate free flow of grout.

8.3 The grouting shall be carried out as per directions of the Engineer-in- charge or his authorised representative, before he grouting of hole is taken up, the adjoining holes shall be kept clean and open in case there is a grout connection between these holes during grouting.

8.4 Grouting as to be done from top to bottom in a stages 1st of 3 m. depth and IInd below 3 m. depth.

8.5 The pipe for grout mix shall be black cast iron pipe of required thickness and strong enough to withstand the gout pressure pipes and fittings for the grout connections and the packing and chalking materials required shall be furnished by the contractor.

The pipes shall be cut and fabricated as approved by the Engineer. The charges involved in these operations shall be deemed to have been included in the unit rate accepted for grouting in the Schedule of prices.

8.6 The equipment for mixing and grouting shall be cap able of effectively mixing the grout in correct and specified proportions agitating it and pumping it in to the pipes in an uninterrupted flew at the designed pressure upto a maximum of 5 kg/cm2. There should be satisfactory arrangement for accurately measuring the quantity of water, cement and other ingredients, to be used. The agitator shall have paddles of suitable design and shape to keep the mix in proper consistency till it is pumped into the holes.

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

156 Standard equipment of approved quantity shall be used.

8.7 The mixing and conveying system shall be laid out to provide sufficient capacity for a heavy flow of grout. The mixer shall be in two compartments or parts so that grout could be mixed in one when that from the other is being pumped. The compartments of parts shall be independently connected to the pump. In general an uninterrupted flow of grout shall be maintained and the grout conveyed form the pump to the hole through a suitable pipe or flexible rubber huse, designed to withstand the maximum pressure required.

8.8 The mixer shall be placed as near the grout pipes, as possible and long pipe lines avoided. The flow of grout into the pipes shall be controlled by a pressure relief valve by passing and returning to the mixer al grout, not accepted by the pipes at the desired pressure.

8.9 Proper pressure gauges shall be provided to measure the pressure of the grout pumps into the grout pipes. They shall be provided with diaphragms to prevent grout from getting into the gauges and clogging them.

8.10 The circulating system shall be so provided that the grout be kept circulating continuously at sufficient velocity to prevent settlement of cement or clogging of pipe line and fittings. The pump and the pipe lines shall be flushed with clear water at frequent intervals to keep them clear. Deposits for grout in the pump, mixer etc. not removed by flushing shall be provided with a water meter to measure accurately the quantity of water, being used. A fine screen capable of being readily removed, cleared and replaced shall be provided between the mixer and the pump. Proper arrangement shall also be provided with equipment to stock adequate quantity of cement etc likely to be required for the grouting.

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

157 8.11 After the grouting operations are completed for the shift or the day, the remaining unused grout mix shall be thrown away. Also a mix not used up completely within one hour after mixing or that which in the opinion of the Engineer-in-charge has settled or clogged shall be thrown away.

9.0 Method of applying grout;

9.1 if such wastage in the opinion of the Engineer-in-charge: which shall be final and binding in due to negligence of the contractor no payment of rebate shall be made for the cement and other materials thus wasted.

9.2 The grouting shall be continued until the hole being grouted takes grout mix at a rate less than.

Time Quantity of grout Pressure insinuates 0.03 cum (left) 20 3.50 kg/cm ;or less

0.03 cum (left) 15 3.50 5 kg/cm2 to 5.00 5 kg/cm2

9.3 The grouting shall, however be stopped when the pressure gauge register sudden rise or when other indications are seen of extension or up-heava1 of rock, masonry under the pressure being applied.

9.4 After hole has been grouted it should be closed by means of a valve to maintain the grout under pressure in the seams of crevices into which it has been forced.

9.5 After hole is grouted is should be examined if cement has settled unduly with water coming up, the account settlement depending on the proportion of mix use. Holes where such settlement has taken place rare to be cleaned of all sort of sediment and grout again under pressure.

9.6 Grouting shall be continued until at the specified pressure. The grout pipe

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

158 refuses to take grout more than specified above. If for any reasons grouting operations must be stopped before a hole has been grouted to refusal, clear water shall be kept running into hole until grouting is resumed.

10.0 KEEPING RECORDS OF DRILLING AND GROUTING OPERATIONS.

10.1 Records shall be maintained by the contractor of the drilling, grouting and testing etc. Neatly and systematically in the manner approved by the Engineer-in-charge. The exact locations of all grout holes in relation to proper reference lines and accurate logs of all operations shall be detailed in the records, record maps and sections are complied showing al conditions of holes grouted.

10.2 A copy of such records shall be submitted to the Engineer, daily during drilling and grouting operations,

10.3 Grouting must be done in the presence of the Engineer-in-charge whenever pressure grouting is to be done, the contractor will give due notice thereof to the Engineer-in-charge to enable him or authorised representative to be present during the grouting operations which will always be done in his presence.

11.0 PLUGGING AND FINISHING

11.1 The grout mix that might flow out or other get split on rock, concrete or masonry or other surfaces shall be removed expeditiously without allowing any time.

For the grout to set on any of the aforesaid surfaces after the grout has set the holes shall be plugged with cement mortar in the proportion of one to two (1:2) by volume and the surfaces finished smooth in line with the floor at that locations. No separate rate shall be given for the work, involved there-in.

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

159 12.0 CALIBRATION OF PRESSURE GAUGE AND WATER METERS ETC.

12.1 The pressure gauges and water meters shall be got calibrated by the contractor at his cost and duly numbered. For their accuracy from time to time as may be directed by the Engineer, the contractor shall produce necessary test certificates for such calibration at every fortnight or less if found necessary. The pressure gauges and water meters which have been duly tested and calibrated shall only to be used for grouting and testing holes.

13.0 LOCATIONS

13.1 The grouting shall be done only on chainages or points where the bores are taken. Each bore should be grouted to any extent or stopped at the depth specified by the Engineer-in-charge or his authorised representative.

13.2 Grouting work should be correlated with the main work of construction, as per instruction given by Engineer-in-charge.

13.3 Hole shall be grouted in three metres pocket from bottom to top upwards.

13.4 The pressure applied to the pocket is equal to the pressure indicated by pressure gauge plus the hydrostatic pressure equal to the difference between the level of the pressure gauge and the centre of pocket.

13.5 For deciding the grouting pressure some trials will be necessary. The contractor shall conduct such trials and no extra payment shall be paid in this regard.

13.6 13.6 A safe pressure for grouting is considered as the maximum presser that can be applied to the injected grout without causing the foundation or rock structure to be displaced. The pressure to be applied may be generally 1.5 times the depth of cover. However this may vary depending on the site conditions. The grouting should however be stopped if upheaval is more than (0.02 feet) = 0.6

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

160 14.0 GROUT MIX PROPORTIONS

Lean grout mix 1:5 by weight is proposed to be used in the first instance. This lean mix will facilitate the grout to reach in to very thin seams and will travel more distance. If the desired pressure is not built up with the lean mix even after grouting for 3 minutes then the mix may thickened progressively. The maximum thick mixture proposed is 1:1 by weight. It is desirable to anticipate and programme a number of mixtures and procedures for field guidance. If the grout is too thick passage may become obstructed within a short distance from hole and fine seams will not be filled in. if the grout is too thin voids will probably form fissures after the grout sets and shrinks.

14.1 Development of mix should be decided on the trend of intake and pressure for the particular bore undertaken for grouting. The recommended development of grout mix proportion is as below.

14.2 i) If the pressures are developing continue the same mix proportion

ii) Even after consumption of 200 litres of grout with initial mix proportion, if pressure are not developed the cement content may be increased by 5 kg/100 litres of mix. The new mix proportion should be used for next 200 litres of grout and process repeatedly till the mix proportion1:1 or till it will be finally refused whichever will be earlier. If intake is increasing with fail of pressure grouting may be stopped after injecting 200 litres and resume next day.

14.3 If even with a mix proportion of 1:1 the pressures are not developed bentonite (low grade type app 100) should be mixed with cement at the rate of 3 Kgs. Per bag of cement of 50 Kgs.

14.4 The bentonite, used will be supplied by the Department free of cost but payment for mixing will not be paid. Even after mixing bentonite pressure are not built up, the grouting, therefore, should be stopped for 24 hours and the hole should be washed, for which no extra payment to the contractor will be made. SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

161 14.5 Grout carrying system i.e. mixer. Grout pump, pipe lines etc. will be washed off after every 60 minutes so as to avoid setting of cement and thus checking of the passage.

14.6 Only fresh slurry shall be used and that remained unused after 60 minutes shall be thrown away.

14.7 Next day grouting should be resumed with mix 1:1 with benionite . If however, the pressure is not built up even after consumption of about 50 litres grout, admixtures of benetonite may be done and development watched as mentioned below. If the pressure do not develop increase in the quaintly of benetonite may be considered. The quantity of bentonite may be increases by 2 Kgs/ 200 litres of minimum to maximum "9 Kgs. The rate of intake may be kept as low as possible limited to 15 to 20 litres per minute. Especially, when high pressures are being developed, the pocket should be treated to refusal that is till the limiting pressure are reached and this rate of intake fall below 2 litre/minute. The record of grouting should be submitted in the form, presaged by the Engineer-in-charge

14.8 The rate of grouting includes materials labour supervision, machinery charges and all the functions necessary and ancillary thereto.

15.0 MODE OF MEASUREMENTS AND PAYMENTS

A) CEMENT:

i) Cement shall to confirm I. S. 269 of 1976. The type of cement as to whether it shall be ordinary rapid hardening or low heat shall be specified. When no type is specified, ordinary Portland cement is to be used.

ii) The cement shall weighted and used.

TEST :

iii) When tests are considered necessary they shall be carried out as indicated in I.S. 269-1967. The contractor should ensure that the cement is of sound and

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

162 required quality prior to its use.

B) WATER:

i) Water shall not be salty or and shall be clean reasonably clear and free form objectionable quantities of silt and traces of oils and injurious alkali salts.

ii) If required by the Engineer-in-charge it shall be tested by the comparison with distilled water. Comparison shall be made by means of standard cement test for soundness time of setting as specified in I.S. 269-1967. Any indication unsoundness changes in time of setting by 30 minutes or more or decrease or more than 10% in strength by mortar prepared with the water sample when compared with the results obtained with mortar prepared with so distilled water shall be sufficient cause for rejections of water tested. Sea water shall not be used.

iii) Water fit for drinking will generally be found suitable for mixing cement and charges for procurement of water should be deemed to have been included in the unit rate quoted for this item.

16.0 MODE OF MEASUREMENT AND PAYMENTS

Payment will be made on the basis of the cement actually forced into the grout holes. All wastage due to any cause shall not be paid for. The rate also includes finishing and plugging.

Payment shall be made at the unit price per kg of cement, used for providing & shall include all materials, plant, labour required for, all leads and lifts involved for the grouting operation. In case stone dust or other materials supplied by the department has to be mixed with grout cost of the same shall be deemed to be included in the rate of grouting.

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

163

Drawings

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

164

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

165

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER

166

SIGNATURE OF CONTRACTOR NO. OF CORRECTIONS EXECUTIVE ENGINEER